Sanctions
See also the International Labour Organisation (under Labour Rights in Human Rights) and \Debate on Investment in Burma\ under Economy > Foreign Investment
Individual Documents
Description:
"Justice For Myanmar calls for an immediate ban on the export of jet fuel to Myanmar and targeted sanctions against the Myanmar individuals and entities involved in the military’s jet fuel supply chain, as the junta’s indiscriminate air strikes intensify.
The Amnesty International report, Deadly Cargo, published today with research supported by Justice For Myanmar, reveals the Myanmar military’s jet fuel supply chain and shows how some of the companies involved are linked to the commission of atrocity crimes.
In conjunction with the release of Deadly Cargo, Justice For Myanmar has published a comprehensive list of the subsidiaries and associated companies of the crony conglomerate Asia Sun Group and members of the junta-controlled Myanma Petrochemical Enterprise (MPE).
Asia Sun Group is a local partner of the Myanmar military and is involved in procuring, storing and distributing jet fuel. Asia Sun has been found to import aviation fuel and directly deliver it to the Myanmar military. The report finds that Asia Sun has contributed to the Myanmar military’s war crimes.
MPE, which is under the illegitimate junta’s Ministry of Energy, controls the jet fuel supply chain in Myanmar. The report finds that MPE has contributed to the Myanmar military’s war crimes.
We call on Australia, Canada, the EU, Japan, South Korea, Singapore, the UK and the USA to urgently sanction Asia Sun Group and MPE.
Justice For Myanmar spokesperson Yadanar Maung says: “The illegitimate Myanmar military junta uses its air force to commit mass murder, as it wages a campaign of terror against the people of Myanmar, in the face of nationwide resistance.
“In recent weeks, the junta carried out aerial attacks at a concert in Kachin State, killing more than 80, and bombed a school in Sagaing, killing at least 11 children.
“These indiscriminate air strikes require a coordinated international response, including through a ban on jet fuel exports to Myanmar and targeted sanctions against Asia Sun Group and MPE.
“Asia Sun Group supports the junta’s atrocity crimes and has continued business as usual in Myanmar and Singapore following the military’s illegal coup attempt. The Singapore government must stop Asia Sun from operating in its territory and using Singapore banks.
“Singapore must end its support for the Myanmar military junta, which makes it complicit in the junta’s international crimes. Its time Singapore takes a stand to support the Myanmar people’s struggle to end the military’s tyranny and establish peace and federal democracy.
“Justice For Myanmar calls on Puma Energy to responsibly disengage, preventing the junta from gaining control of its jet fuel infrastructure that would support the Myanmar military's indiscriminate air strikes.
“Air strikes are a major weapon of the junta and are destroying lives. The UN Security Council and ASEAN has a responsibility to stop the junta’s air attacks and must act now.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-11-03
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Sanctions
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"A trove of Innwa Bank records released by Distributed Denial of Secrets reveal transactions with the international banks ANZ, UOB and BIDV in Myanmar kyat.
The files include almost 20,000 records and show that major international banks continued to transact with Innwa Bank after its parent company, Myanmar Economic Corporation (MEC), was sanctioned by the US, UK and EU in response to the grave human rights violations and atrocity crimes committed by the junta in their illegal attempted coup.
ANZ is based in Australia and UOB is based in Singapore. The Australian and Singapore governments have refused to sanction MEC, thereby allowing their banks to transact with Innwa Bank.
Innwa Bank is one of two banks controlled by military conglomerates and is used to support the military’s network of businesses and pay military salaries. In 2019, the UN Independent International Fact-Finding Mission on Myanmarfound that Innwa Bank plays an important role in sustaining the military’s economic interests, providing military conglomerates, their subsidiaries, and owners with access to the international financial system.
The Innwa Bank files also provide evidence of MEC’s institutional relationship with the Myanmar military, showing transactions between the military conglomerate and army units, including those in regional commands responsible for genocide against the Rohingya, and war crimes and crimes against humanity. These include payments to No. (962) Construction Engineering Unit of the Western Command, No. (961) Construction Engineering Unit of the North Western Command and No. (958) Construction Engineering Unit of the Central Command, following the military’s coup attempt.
The Innwa Bank files include more than 200 transactions with Yoma Bank, a Myanmar bank whose investors are the Norwegian development finance institution Norfund, Singapore’s sovereign wealth fund and the International Finance Corporation (IFC) of the World Bank Group.
Since February 1, 2021, the Myanmar military junta has waged a war of terror against the people of Myanmar, murdering more than 2,400 and arbitrarily arresting over 15,000, according to the Assistance Association for Political Prisoners. Over one million have been displaced by the junta in its violent attacks, which involve indiscriminate air strikes and shelling. In recent weeks, junta aircraft attacked a concert in Kachin State, killing more than 80 people, bombed a school in Sagaing, killing at least 12 people, and beheaded a school teacher. These crimes are enabled by the junta’s business interests.
Justice For Myanmar spokesperson Yadanar Maung says: “We call on companies and investors in Myanmar to cut ties with Innwa Bank and all other Myanmar military businesses immediately.
“Innwa Bank enables the Myanmar junta to carry out its terrorist acts against the people of Myanmar and it is inexcusable for ANZ, UOB, BIDV and others to continue to do business with it.
“ANZ, UOB and BIDV must end their relationship with Innwa Bank now or exit Myanmar in accordance with their international human rights responsibilities.
“ANZ and UOB transactions with MEC are a direct result of the failure of the Australian and Singapore governments to sanction the illegitimate Myanmar junta and its conglomerates, which has emboldened their banks to do business with Innwa Bank.
“We call on Australia and Singapore to immediately sanction the junta and its businesses, including MEC, its directors and the directors of Innwa Bank.
“Business with Innwa Bank supports the Myanmar military, its illegal coup attempt and its ongoing war crimes and crimes against humanity. Even small transactions can help finance the military’s international crimes and enrich war criminals.
“It is shameful that the Norwegian and Singapore governments and IFC remain invested in Yoma Bank, which does regular business with Innwa Bank. We call on them to use their leverage to end Yoma Bank’s business with the Myanmar military immediately or divest.
“The military junta’s terror campaign is intensifying, amid the international community’s failure to act.
“We demand the UN Security Council impose sanctions on the Myanmar junta’s business interests, including Innwa Bank, and a global arms embargo to stop the flow of arms to the junta.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-11-02
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Sub-title:
Tokyo Should Immediately Suspend Non-Humanitarian Aid to Junta
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"Tokyo) – Myanmar’s junta used Japan-funded passenger ships donated for civilian use for military purposes in September 2022, Human Rights Watch said today.
Letters from Myanmar officials, analyzed by Human Rights Watch, stated that two of three vessels delivered by Japan between 2017 and 2019 were used to transport more than 100 soldiers and material to the town of Buthidaung on the Mayu River in Rakhine State, where the military is fighting the Arakan Army ethnic armed group. The Japanese government should suspend non-humanitarian aid to Myanmar and sanction junta officials implicated in serious human rights violations.
“The Myanmar junta’s misuse of Japanese development aid for military purposes effectively makes Japan a backer of the junta’s military operations,” said Teppei Kasai, Asia program officer at Human Rights Watch. “The Japanese government needs to urgently reassess its obviously failing approach to curtailing the junta’s abuses.”
On September 13, 2022, the Rakhine State government’s transport minister ordered the Rakhine Department of the Inland Water Transport (IWT) to “ready” the Japan-provided “Kisapanadi I” and “Kisapanadi III” vessels for “Sittwe-Buthidaung-Sittwe voyages,” said a letter labeled confidential from the national IWT to the Ministry of Transport and Communications, on September 21. The letter stated that, on September 14, the two ships transported “over a hundred Tatmadaw [Myanmar] troops, as well as their supplies and materials” to Buthidaung.
The transport minister “instructed that the voyages were top secret and that their destination was also classified and no report [to a third party] should be made,” the letter said. Evidently recognizing that this was problematic, IWT noted that it “already had a discussion” with the Rakhine transport minister and “the vessels are no longer used for [military] purposes.”
On September 23, the Rakhine State chief of police and the transport minister, on behalf of Rakhine State’s chief minister, wrote to the national transport and communications minister and specifically confirmed that the two vessels had been used for “military purposes.” In the letter, the Rakhine authorities sought to justify this use of ships, citing provision no. 250 of Myanmar’s 2008 Constitution, which states that “the Region or State Government shall have the responsibility to assist the Union Government in the preservation of the stability of the Union, community peace and tranquility and prevalence of law and order.”
An informal ceasefire between the Myanmar military and the Arakan Army, in place since November 2020, has broken down in recent months. In August, the military reinforced its troops in northern Rakhine State, where fighting has since escalated in intensity and scope, including airstrikes, heavy artillery shelling, and landmine use, with growing civilian casualties.
Since mid-August, the military has isolated and terrorized civilians in Rakhine and southern Chin States to weaken the Arakan Army, using abusive means embodied in the military’s longstanding “Four Cuts” policy. The junta has imposed broad new travel restrictions on humanitarian workers, blocked access to roads and waterways, and arbitrarily arrested aid workers, in violation of international humanitarian law.
On September 15, the junta issued a directive banning United Nations agencies and international nongovernmental organizations from six Rakhine State townships – Maungdaw, Buthidaung, Rathedaung, Mrauk-U, Minbya, and Myebon – and shut down boat lines and public transportation. The fighting has displaced more than 18,000 people since August, joining over 70,000 others who are internally displaced, many of whom are facing shortages of food and medicine exacerbated by the junta’s restrictions.
In response to a Human Rights Watch inquiry on September 20, a Japanese Foreign Ministry official said on October 3 that the “Japanese government, based on the principle of ‘avoiding any use of development cooperation for military purposes’ in the Development Cooperation Charter, will work to secure appropriate use of facilities and equipment provided through ODA [Official Development Assistance] programs.” The official added that Japan “is taking appropriate measures regarding the issue in question,” but refrained from disclosing further details because it was a “diplomatic matter.”
Japan provided the three vessels to Myanmar under the 500 million yen (US$3.5 million) Economic and Social Development Programme, signed on September 12, 2016. The Japanese embassy in Myanmar said the program “aims to improve the ability of the water transport in Myanmar and to contribute to the Economic and Social Development of Myanmar, by donating passenger ships for the coastal transport in Rakhine State.”
Following the February 1, 2021 military coup in Myanmar, the Japanese government stated it would refrain from carrying out new non-humanitarian ODA programs in Myanmar, but did not suspend ongoing projects. As of November 2021, Japan had provided about 1.4 trillion yen ($9.6 billion) in loan assistance, 360 billion yen ($2.5 billion) in grant aid, and 100 billion yen ($690 million) in technical assistance to Myanmar.
The Japanese government should trigger human rights-based conditions enshrined in its Development Cooperation Charter, which states that “Japan will pay adequate attention to the situation in the recipient countries regarding the process of democratization, the rule of law and the protection of basic human rights, with a view to promoting the consolidation of democratization, the rule of law and the respect for basic human rights.”
With respect to humanitarian aid, Japan should maintain such projects but redirect the funds through nongovernmental groups to ensure it is used effectively and directly benefits populations in need, Human Rights Watch said.
“Japan’s halfhearted approach to sanctions has not slowed down the Myanmar junta’s abuses at all,” Kasai said. “Japan should make full use of its reputation as a rights-respecting democracy by using all diplomatic tools available to hold the Myanmar military accountable.”..."
Source/publisher:
Human Rights Watch (USA)
Date of entry/update:
2022-10-11
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Individual Documents
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2021 Burma/Myanmar coup d'état, Business and the Military, Sanctions, Human Rights and international relations
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"CSW is calling on the Council of the European Union (EU) to introduce a fifth round of sanctions against the Myanmar/Burma military, with a particular focus on arms sales.
The EU has introduced four rounds of sanctions against the Myanmar army and its enterprises, and notably took the lead in sanctioning Myanmar Oil and Gas Enterprise (MOGE) in February 2021. However, the EU’s last round of sanctions was over seven months ago, during which time Canada, the United Kingdom (UK) and the United States (US) have initiated new rounds of sanctions.
In a letter dated 29 September, signed by CSW’s Founder President Mervyn Thomas, and addressed to the High Representative for Foreign Affairs and Vice-President of the European Commission, Josep Borrell, and the Foreign Ministers of the EU member states, CSW urges the recipients to “expedite the introduction of new sanctions, targeting the sources of arms, equipment, and revenue of the Myanmar military.”
Since the February 2021 coup, the military junta’s increasing use of airstrikes against civilians and civilian structures has been a major driver of displacement, occasioning a humanitarian crisis.
In its letter, CSW contends that limiting the military’s access to parts, ammunition, and aviation fuel could assist in reducing its ability to wage war on civilians from the air, and by extension save lives. The letter suggests that targets for additional sanctions should include “the numerous arms brokers exposed by the advocacy group Justice for Myanmar.”
CSW Senior Analyst for East Asia Benedict Rogers said: “Since the coup in February 2021, the people of Myanmar have suffered crimes against humanity, violations of human rights and humanitarian law, and war crimes. We commend the EU for its first four rounds of sanctions. However, seven months after last the round, it is beginning to fall behind its allies, and is missing vital opportunities to further obstruct the military’s ability to continue its brutal campaign against civilians. By acting swiftly to sanction arms brokers highlighted by Justice for Myanmar, the EU will assist in saving civilians lives.”..."
Source/publisher:
Christian Solidarity Worldwide
Date of entry/update:
2022-09-29
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Individual Documents
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Business and the Military, The Burmese military's role in the economy, Sanctions, 2021 Burma/Myanmar coup d'état
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Sub-title:
EU must introduce a new round of sanctions against the Myanmar military
Description:
"Your Excellencies will be aware of the horrific human rights violations that have taken place in Myanmar since the military coup last year.
Severe violations of human rights and humanitarian law, including war crimes and crimes against humanity, are occurring on a daily basis. More than a million people are now displaced internally, and more than 15,000 people are detained arbitrarily. Military tribunals have handed down extremely harsh verdicts, including the death sentence.
The people of Myanmar continue to resist the military junta in the face of air and ground attacks on villages, mass arrests, severe repression, and the use of the death penalty for the first time in decades. They believe that there will be no positive future for their country for as long as the military remain in power, and have been calling for international action to cut off the supply of revenue and arms to the Myanmar military.
The people’s unwavering commitment to struggle for their freedoms is being paid for with lives. However, the European Union (EU), which initially surpassed other countries in sanctioning the Myanmar Oil and Gas Enterprise (MOGE), has now fallen behind in sanctioning arms brokers.
The military junta is currently using aerial bombardment on an unprecedented scale. Airstrikes are a major driver of displacement and have occasioned a humanitarian crisis. Sanctioning the suppliers of parts, ammunition, and aviation fuel alongside further revenue sources could save lives by reducing the military’s ability to wage war on civilians from the air.
It is now seven months since the EU introduced new sanctions against the Myanmar military, and there is an urgent need for further sanctions, including against the numerous arms brokers exposed by the advocacy group Justice for Myanmar.
May I, therefore, urge you to expedite the introduction of new sanctions, targeting the sources of arms, equipment, and revenue of the Myanmar military..."
Source/publisher:
Christian Solidarity Worldwide
Date of entry/update:
2022-09-29
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Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Sanctions, Business and the Military, The Burmese military's role in the economy, Human Rights and international relations
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"Over seven months have passed since the EU’s last round of sanctions on Myanmar, and the illegitimate military junta’s campaign of terror has intensified, with indiscriminate airstrikes, shelling, the execution of political prisonersand the murder of school children.
In the past week, at least eleven school children have been killed, the highest recorded number of children killed in an attack since the Myanmar army’s attempted coup in February last year.
The junta’s ongoing atrocity crimes are enabled by their continued access to funds, arms and related equipment, including from within the EU.
Justice For Myanmar calls for an urgent round of EU sanctions, focussing on arms brokers who aid and abet the junta’s war crimes and crimes against humanity.
We have identified 31 companies that have been involved in these activities since the coup attempt that must be sanctioned.
Among the 31 companies documented, only one – Htoo Group of Companies – has been sanctioned by the EU to date.
Some arms brokers we identified have confirmed business links to the EU. These include:
Dynasty Group & its subsidiaries, which imported parts for Mi-17 helicopters from Russia since the coup attempt. Dynasty International Company Limited procured a fleet of aircraft, and later, parts from the Germany company Grob Aircraft SE. Dynasty Group has been sanctioned by the UK and its director, Aung Moe Myint, has been sanctioned by the UK and Canada.
KT Group, Ky-Tha Group & their subsidiaries, which have produced arms and equipment for the Myanmar military, including coastal surveillance radar from the French corporation Thales. They have ongoing business with the Myanmar military, financing atrocity crimes. KT Services & Logistics and its director, Jonathan Myo Kyaw Thaung, have been sanctioned by the US.
Mega Hill General Trading, which brokered a deal for an air defence weapon station since the coup attempt, and has procured equipment for the military from EU and US companies.
Miya Win International, which has procured unmanned aerial vehicles (UAVs) from the Austrian company Schiebel Corporation and received parts following the coup attempt. Miya Win International has been sanctioned by the UK.
Myanmar Chemical & Machinery (MCM), which has procured arms and related materiel including tanks and has also been involved in arms production and a technical transfer project producing K-8 trainer jets in Myanmar with the Chinese state-owned arms company, CATIC. MCM’s energy business involves a partnership with Wartsila Corporation. MCM and its director, Aung Hlaing Oo, have been sanctioned by the UK, US and Canada.
Other major arms brokers that have been sanctioned by the US, UK and/or Canada while the EU has delayed action include International Gateways Group, Star Sapphire Group, Sky Aviator and Synpex Shwe.
Last Saturday, a prominent arms dealer to the Myanmar military junta was arrested in Thailand on drug trafficking and money laundering charges.
Despite arms dealer Tun Min Latt’s well-known involvement in arms trading, he has so far escaped international sanctions.
Justice For Myanmar spokesperson Yadanar Maung says: “Last year, EU members voted in the UN General Assembly to stop the flow of arms to the Myanmar military.
“The EU must take concrete steps to cut the junta’s access to arms, intensifying sanctions against arms brokers and all other business interests of the military junta.
“As long as the junta has access to arms, equipment and funds, it will be able to continue its terror campaign against the people of Myanmar, committing war crimes and crimes against humanity with total impunity.
“This week, the junta murdered at least 11 children attending school, and will continue its rampage as long as it has access to resources.
“We call on the EU to stand with the people of Myanmar and sanction arms brokers now!”
More information:
Read our investigation into companies brokering arms and equipment for the Myanmar military here
Read our investigation into companies supplying the Myanmar miliary with arms and equipment from Russia here..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-09-22
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"20 September 2022, London, UK - The European Union must push further actions against the Burmese military and its interests. The EU led the way in sanctioning Myanmar Oil and Gas Enterprise, but further action is required as the junta continues a campaign of rape, murder, and widespread destruction. BHRN calls on EU members, particularly France and Germany, to push for further sanctions to undermine the junta’s access to funds, weapons, and legitimacy.
“The EU’s sanctions on MOGE were a tremendous help in bringing the world together to stop the genocidal rampage of the Burmese military, but seven months have passed since the EU has issued any new sanctions. In that time, the military has only become more brazen in disregarding human dignity and rights. The attacks in the Sagaing Region have increased steadily, and murder and rape by junta soldiers are now common. The junta feels the pressure of being sanctioned, but they are fighting desperately to cling to power. We cannot let them win,” said BHRN’s Executive Director, Kyaw Win.
Fighting between the junta and democratic forces has spread throughout the country, and the military is struggling to maintain control. The junta is using its most inhumane tactics to reclaim territory and snuff out resistance. A democratic Burma remains possible, and the least the international community can do to help is to deprive the Burmese military of the money and weapons they use to terrorise the population.
BHRN calls on the European Union to take further steps to sanction the business interests of the Burmese military and its leaders, cut off Burma’s access to weapons, deny the junta any credibility internationally, and create a path of justice and accountability. While doing this, the international community, including the EU, must make greater efforts to support the National Unity Government and civil society organisations inside of Burma. The EU must also hold the NUG accountable for implementing a plan allowing full human rights and citizenship for all of Burma’s ethnics and religious minorities.
Organisation’s Background
BHRN is based in London and operates across Burma/Myanmar working for human rights, minority rights and religious freedom in the country. BHRN has played a crucial role in advocating for human rights and religious freedom with politicians and world leaders..."
Source/publisher:
Burma Human Rights Network
Date of entry/update:
2022-09-20
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"Qatari telecom Ooredoo’s operation in Myanmar is now de facto owned by Zaw Win Shein, a military crony and the adopted son of a general who served as a minister in the military proxy Thein Sein administration, which ran Myanmar from 2011 to early 2016.
Ooredoo Group announced on Sept. 8 the sale of its telecom business in Myanmar to Nine Communications Pte. Ltd. at an enterprise value of US$576 million.
Nine Communications is a Singapore-based subsidiary of Link Family Office and Nyan Win.
While details about Link Family Office are unknown, according to data from the Directorate of Investment and Company Registration, Nyan Win is a director of Horizon Telecom International Company Limited based in Myanmar. Two other directors of that telecom company are Ne Ne Hlawn Moe and Ye Myat Soe.
Ne Ne Hlwam Moe is the managing director of Ayeyar Hinthar Construction Co. Ltd, and Ye Myat Soe, who has been the CEO of Horizon Telecom, is also the managing director of A Bank.
A Bank and Ayeyar Hinthar Construction are businesses of Ayeyar Hinthar Holdings Company Limited, which is owned by Zaw Win Shein, according to the companies’ websites.
Zaw Win Shein is an adoptive son of Soe Maung, who was a key President’s Office minister when the military proxy Thein Sein administration was in power. Soe Maung is a retired major general and also a former judge advocate-general.
The Thein Sein government was replaced by a civilian government led by the NLD in 2016. Soe Maung founded the Democratic Party of National Politics (DNP) in 2019 with other retired generals and contested in the 2020 general election. He was also a close confidant of former military regime leader Than Shwe and a member of the military commission that drafted the 2008 Constitution.
According to business circles familiar with Zaw Win Shein and his conglomerate, Ayeyar Hinthar group’s capital mainly came from Thiha Thura Tin Aung Myint Oo, who is a former general and vice president during the Thein Sein administration; when the group was established in 2006, it was widely reported to be an asset of Naing Lin Oo, a former military captain who is the son of Thiha Thura Tin Aung Myint Oo. An executive committee member of the Union of Myanmar Federation of Chambers of Commerce and Industry confirmed this. Naing Lin Oo and his wife Hnin Yee Mon are on a UK list of financial sanctions.
When the country entered a so-called democratic transition after a quasi-civilian government emerged in 2011, the transparency of the private sector was promoted and Ayeyar Hinthar group became Ayeyar Hinthar Holding. It is known as a conglomerate owned and operated by crony Zaw Win Shein.
Some of the leading businesspeople in Myanmar wondered how a conglomerate owned by Zaw Win Shein can afford half of a billion dollars to buy a telecom operator like Ooredoo during such a chaotic time, and suspected there could be unknown and/or invisible investors behind him.
“It is very risky to invest in such a big telecom during these days of economic decline. There might be some other investors behind it, even if it is publicly and officially bought by Ayeyar Hinthar,” said a businessman who is also a chair of a group of companies in Myanmar’s automobile industry.
The Ayeyar Hinthar group has engaged in several businesses with the Myanmar military. In one notorious example, it acts as a proxy company for the military at the Y Complex project in Yangon.
The Y Complex is built on land belonging to the Myanmar military, and, according to a copy of the lease revealed to the public by Justice for Myanmar, the money for the rent flows to the Quartermaster General’s office via a proxy company.
On March 20, 2021, French energy giant Électricité de France (EDF) suspended a hydropower project worth more than $1.5 billion in Myanmar’s Shan State over human rights concerns as the military regime continues to use lethal force to crack down on anti-coup protesters across the country then.
Électricité de France notified human rights groups that it has halted development of the Shweli-3 Project, including the activities of its subcontractors. Led by EDF, the 671 MW project was being jointly developed with a Japanese company and locally owned Ayeyar Hinthar.
“Now, Myanmar citizens have no choice at all as all the operators here in the country are owned or are still fully or de facto managed by the military regime, and also now, there is no operator too who would defend our rights to privacy,” said a female poet activist who has also been working for digital freedom..."
Source/publisher:
"The Irrawaddy" (Thailand)
Date of entry/update:
2022-09-12
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Individual Documents
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Sub-title:
The UK announces new sanctions and legal action in support of Myanmar’s Rohingya community.
Description:
"UK takes fresh action against the Myanmar Armed Forces on 5th anniversary of the military’s campaign of ethnic cleansing against the Rohingya
new sanctions against military-linked companies to target the military’s access to arms and revenue
UK confirms its intention to intervene in The Gambia v. Myanmar International Court of Justice Case to support international justice efforts
The UK has announced a further round of sanctions to target military-linked businesses in Myanmar. Those being sanctioned include Star Sapphire Group of Companies, International Gateways Group of Companies Limited (IGG) and Sky One Construction Company Ltd. They are being sanctioned in an effort to limit the military’s access to arms and revenue.
Minister for Asia Amanda Milling has also confirmed the UK’s intention to intervene in the case of The Gambia v. Myanmar before the International Court of Justice. The case will determine whether Myanmar has violated its obligations under the Genocide Convention in relation to the military’s acts against the Rohingya in 2016 and 2017.
The Myanmar Armed Forces launched a devastating attack on the Rohingya communities living in Rakhine State, Myanmar on 25 August 2017. A UN Fact Finding Mission report stated that over 10,000 Rohingya were killed and 740,000 displaced into neighbouring Bangladesh.
The report also claimed Myanmar Armed Forces engaged in a campaign of sexual violence, grave violations against children, torture and village burnings. These are the hallmarks of a military acting with impunity, and the UK notes its grave concern that they are employing these tactics in their current operations against pro-democracy groups in Myanmar.
The UK has been clear that what happened to the Rohingya was ethnic cleansing and remains committed to taking action to stop the brutality of the Myanmar Armed Forces and hold them to account.
Minister for Asia Amanda Milling said:
The UK will always face down those who seek to undermine and destroy our values of freedom and democracy. Five years on, we continue to stand in solidarity with the Rohingya people and condemn the Myanmar Armed Forces’ horrific campaign of ethnic cleansing.
Our decision to intervene in The Gambia v. Myanmar case and a further round of sanctions sends a strong signal of our continued support to seek accountability for the atrocities in 2017 and also restrict the military junta’s access to finance and the supply of arms.
The violence in 2017 was the result of an attempt, over generations, to destroy the Rohingya identity. The 600,000 Rohingya remaining in Rakhine State have been stripped of their citizenship and face systemic discrimination restricting the freedom of movement and access to healthcare. The UK now reiterates the call for the abolition of the 1982 Citizenship Law and the restoration of Rohingya citizenship.
Since 2017 the UK has provided £330 million in aid to the camps, supporting food needs, shelter, sanitation, education, medical and protection services..."
Source/publisher:
Govt. UK (London)
Date of entry/update:
2022-08-25
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Individual Documents
Category:
International Court of Justice (ICJ) - Myanmar, Discrimination against the Rohingya, Rohingya (cultural, political etc.), Sanctions
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"Euromoney has awarded the military linked United Amara Bank (UAB) as “Best Bank” in Myanmar. Euromoney is a UK-based banking and finance media corporation.
Asiamoney, Euromoney’s sister publication, also gave UAB best bank in Myanmar awards for “Best Domestic Bank”, “Best Bank for ESG” and “Best Bank for SMEs”.
UAB is connected to the crony conglomerate, IGE Group of Companies, whose core entity, International Group of Entrepreneur Co. Ltd. was sanctioned by the EU on February 21, 2022.
In its sanctions designation, the EU stated, “IGE provided the Tatmadaw [Myanmar military] 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.”
IGE is owned by Ne Aung, brother of the Commander-in-Chief of the Myanmar Navy, Moe Aung. Ne Aung’s father, Aung Thaung, now deceased, was a minister in the former military junta and was a notorious hardliner who was sanctioned by the US in 2014 for “perpetuating violence, oppression, and corruption”.
A 2008 US embassy cable, released by Wikileaks, called Ne Aung and his other brother, Pyi Aung, “rising cronies” and described how they “use their family connections and close ties to the regime to amass great wealth”.
According to Myanmar’s company registry, Ne Aung and his wife, Khin Moe Nyunt, were the sole owners of UAB Bank Limited until March 8, 2022, when they transferred their shares to two shell companies: Future Growth Investment Co. Ltd., owned by Myo Aung, and Capital Link Investment Co. Ltd., owned by Aye Aye Swe.
Future Growth Investment and Capital Link Investment were both established on March 1, 2022.
Myo Aung and Aye Aye Swe do not appear on directors lists of any other current or former Myanmar registered companies. Myo Aung may be a cousin of Ne Aung, who is an army colonel. Colonel Myo Aung was court marshalled for his involvement in the killing of five detained villagers in northern Shan State in 2016, and was reportedly the manager of an IGE subsidiary.
Corporate filings show Ne Aung left the UAB board of directors on February 25, four days after the EU sanctions designation against IGE. Ne Aung had previously acted as the bank’s chairperson.
The restructure of UAB, days after EU sanctions on IGE, appears to be an attempt to evade sanctions by creating a false separation between UAB, IGE and Ne Aung.
UAB remains linked to IGE Group through common directors. The most significant is IGE Group’s CEO, Than Win Swe, who remains a director of UAB after the ownership restructure. Than Win Swe and Ne Aung are the sole directors of the EU-sanctioned entity, International Group of Entrepreneur Co. Ltd.
Thant Zin, another UAB director, remains on the board of UAB infrastructure development subsidiary Future Creator Group Construction, and, until early 2022, was a director of IGE Land.
It is likely that Myo Aung and Aye Aye Swe are proxy shareholders, and that Ne Aung maintains ownership of the bank. Ne Aung’s control may be exercised through IGE, which would make UAB subject to EU sanctions.
Asiamoney also gave a CSR award to the crony bank KBZ, part of KBZ group of companies. KBZ is linked to the UK, US and EU sanctioned military conglomerate, Myanma Economic Holdings Limited (MEHL), and has used its philanthropic arm, the Brighter Future Foundation, to make major donations to the military in support of the 2017 Rohingya genocide.
The UN Independent International Fact-Finding Mission on Myanmar recommended that KBZ be criminally investigated for making a direct and substantial contribution to crimes against humanity.
Justice For Myanmar spokesperson Yadanar Maung says: “Despite attempts at concealment, UAB is clearly linked to Ne Aung’s IGE group, a business empire that has built immense wealth from dealings with the Myanmar military and its conglomerates, profiting from the military’s systemic corruption and enriching war criminals.
“IGE’s complicity in the Rohingya genocide and financial relationships with a murderous military are well established, including in the recent EU sanctions designation.
“It is inexcusable that Euromoney has given its “Best Bank in Myanmar” award to UAB, reputation laundering for a bank that is deeply connected to an EU sanctioned company.
“Since the military’s attempted coup, the junta has murdered more than 2,100 people and arrested over 15,000, according to the Assistance Association of Political Prisoners.
“The junta’s international crimes are enabled by IGE, KBZ and other crony companies that provide the junta with sources of revenue to finance its campaign of terror.
“Euromoney and Asiamoney must act responsibly and revoke their awards to UAB and KBZ immediately.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-08-16
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Recent executions of four democracy activists in Myanmar have reenergized efforts to get the U.S. and other governments to impose further sanctions on its army-controlled government
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"BANGKOK -- Recent executions of four democracy activists in Myanmar have reenergized efforts to get the United States and other countries to impose further sanctions against military leaders who ousted an elected government early last year.
Human rights advocates and comments by U.S. lawmakers suggest the Senate is inching toward passage of the Burma Act, legislation already passed by the House of Representatives. Among other actions, it would pave the way for sanctions on Myanmar Oil and Gas Enterprise, or MOGE, a state-controlled company that is a vital source of hard cash for the impoverished nation.
That makes MOGE a key target in the push to cut off funding for the military’s efforts to quash a widespread public backlash against its February 2021 seizure of power.
Myanmar, also called Burma, has been ruled by the military for most of the past 70 years. The army’s takeover interrupted a gradual transition toward democratic civilian government and a more modern, open economy and resulted in a slew of sanctions against the military, which controls many industries, army family members and cronies.
The hangings in late July of four political activists prompted condemnation and stronger calls from U.S. lawmakers and others f or Myanmar’s neighbors, especially the 10-member Association of Southeast Asian Nations, to exert more pressure on the country’s military rulers.
“It is time for them to impose meaningful consequences on the junta in Burma that is literally getting away with murder,” Senate Minority Leader Mitch McConnell, a supporter of ousted Myanmar civilian leader Aung San Suu Kyi, said in a recent statement. If Myanmar’s neighbors and ASEAN won’t do more, the U.S. should “turn up the heat” on the army and its sources of financial support, he said.
“This should include sanctions on Myanmar Oil and Gas Enterprise,” McConnell said.
In February, the European Union announced sanctions against MOGE, saying the military’s control means the company is “contributing to its capabilities to carry out activities undermining democracy and the rule of law in Myanmar/Burma.”
Two of the other biggest Myanmar state companies, Myanma Economic Holdings Ltd. and Myanmar Economic Corp., already have been designated for U.S. sanctions.
Advocates of sanctions say they could make a difference if they are well-targeted and enforced. So far, Myanmar's economy has been insulated somewhat from the penalties imposed by the U.S. and other Western governments after the military takeover. Most of its trade — especially lucrative sales of gems, rare earths and timber — is with nearby countries, especially China, which has been signaling growing support for the military-controlled government. Most big Western energy companies already have pulled out of oil and gas projects in the country.
That leaves only financial levers. Exports of oil and gas to China and Thailand earn about $2 billion a year, according to reports in its state media, and are a key source of the foreign exchange Myanmar needs to pay for imports of all kinds, including weapons used to fight opposition forces who took up arms after the army crushed peaceful protests.
The EU sanctions led the Bank of China to advise operators of the Shwe oil and gas field in northwestern Myanmar that it will not handle payments in euros to MOGE out of concern they might fall afoul of those restrictions, according to activists briefed by two of the companies operating the project, Posco International and Kogas. Two other people familiar with the situation confirmed that euro payments to MOGE were being kept in escrow accounts. The people spoke on condition they not be identified out of concern over risks for themselves, family members and associates.
The billions that other global banks have paid for violating sanctions against other countries are a strong incentive for compliance.
The EU, in announcing its sanctions, said that since MOGE was controlled by and generates revenue for the military, it was “contributing to its capabilities to carry out activities undermining democracy and the rule of law in Myanmar/Burma."
A 770 kilometer (475 mile) pipeline connects the Shwe field to China’s Yunnan province. It is the only major project whose contracts call for revenue from gas sales to be paid in euros, rather than U.S. dollars.
A spokesman for Posco International, which has a 51% stake in the project, confirmed that those revenues were being paid into an escrow account. Posco is being paid its share as normal, Song Chan, the spokesman, said in an emailed reply to questions. He said he could not comment on the status of payments to the other companies participating in the oil and gas pipeline.
Otherwise, the project was operating as normal, he said, referring further questions to China National United Oil Co., which buys gas from the Shwe project and pays sales revenue. That company, a subsidiary of state-owned China National Petroleum Corp., did not immediately respond to a request for comment. Neither did CNPC nor the Bank of China.
Korea Gas Corp., which has an 8.5% stake in the Shwe fields, did not reply to a request for comment.
The fact that the Shwe project has continued to send gas to China suggests that sanctions can be implemented without disrupting livelihoods or supplies of natural gas in Myanmar, said Keel Dietz, a policy adviser at the environmental non-profit Global Witness.
Critics of sanctions have often contended that they might harm employees of companies involved in the projects or worsen power shortages in the country. The Burma Act itself calls for assessing the potential impact of any sanctions against MOGE on people in Myanmar. The president could impose such sanctions if they would hinder abuses by Myanmar's military after ensuring they would be in the U.S. national interest, with benefits outweighing any harm.
Even though the EU sanctions, imposed in February, have only affected the Shwe project, “it’s clear that EU sanctions had a meaningful impact on the thinking of at least one bank in a way that at the very least has raised costs for the junta in accessing their money," Dietz said. “All of this was done with zero negative humanitarian impacts in Myanmar and Thailand."
A lack of impact on gas supplies to Thailand from other projects would alleviate concerns that U.S. sanctions against MOGE might harm relations with Bangkok.
The executions that Myanmar carried out recently have deepened frustrations for its neighbors. Human rights advocates say dozens of democracy activists remain on Myanmar’s death row.
“If more executions are conducted, then things will have to be reconsidered,” said Prak Sokhonn, Cambodia's foreign minister and ASEAN's special envoy for Myanmar.
Outside ASEAN, the countries with closest ties and most sway over Myanmar, China and Russia, have signaled support for the military and are unlikely to do much to apply pressure.
The nine other ASEAN members are waiting to see what happens in coming months ahead of an annual summit meeting in November, Malaysian Foreign Minister Saifuddin Abdullah told reporters in Bangkok last week.
Saifuddin acknowledged that ASEAN countries, which tend to refrain from imposing economic sanctions against other members, are discussing that option as they search for ways to exert leverage on Myanmar's military leaders.
“We did discuss this measure, but there was no conclusion," Saifuddin said..."
Source/publisher:
"ABC News" (Sydney)
Date of entry/update:
2022-08-16
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2021 Burma/Myanmar coup d'état, Politics and Government - global and regional - general studies, strategies, theory, Sanctions, Business and the Military
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"116 Myanmar and Singapore companies with 262 directors and shareholders have brokered the supply of weapons and other equipment worth many millions in US dollars to the Myanmar military, including since the illegal attempted coup of February 1, 2021.
The known brokers include 31 companies with 77 directors and shareholders that Justice For Myanmar has identified as suppliers of arms and equipment to the Myanmar military, who have had active business with the military since its coup attempt.
These brokers of arms and equipment for a military that has committed war crimes, crimes against humanity and genocide must be urgently sanctioned.
Justice For Myanmar has also identified 27 companies with 51 directors and shareholders that brokered arms and equipment to the Myanmar military since 2017– the year of the Rohingya genocide. Justice For Myanmar also calls for sanctions against these companies and individuals.
Linked to the total of 78 Myanmar-based companies supplying the military are at least 38 subsidiary or associated companies in Singapore.
Singapore has long been a known financial and trade hub for the Myanmar military’s arms procurement and this poses an imminent threat to the lives of millions of Myanmar people.
As a member of ASEAN, Singapore has an obligation to play an instrumental role to resolve the Myanmar crisis, as well as a moral responsibility to act. It must end its complicity in the junta’s international crimes.
We are calling for international sanctions on arms brokers and their directors and shareholders in order to halt the flow of arms to the military junta.
We call on Singapore to impose immediate sanctions to ban the use of its territory, including its banks and ports, for the supply of arms and equipment to the Myanmar military.
The Myanmar military’s resources are used by the junta in its campaign of terror against the people of Myanmar.
The military junta has killed 2,158 civilians and imprisoned over 15,000 more since the military’s illegal attempted coup on February 1, 2021.
Since the attempted coup, the military junta has carried out indiscriminate airstrikes and shelling, murdered villagers, committed rape, destroyed homes and crops, forcibly displacing an estimated 866,400 people.
Under the Arms Trade Treaty, to which 111 states are parties, it is prohibited to transfer arms with knowledge they would be used in the commission of genocide, crimes against humanity or war crimes. The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies seeks to prevent the transfer of dual-use goods to countries of concern. Singapore is not party to the Arms Trade Treaty or the Wassenaar Arrangement.
Justice For Myanmar spokesperson Yadanar Maung says: “So far, only a few of the companies supplying arms and equipment to the military junta have been sanctioned. The vast majority are continuing to operate freely. This is unacceptable.
“When only a few countries impose sanctions, the junta is still able to get the arms, equipment and funds it needs to terrorise the people of Myanmar.
“Sanctions are only effective when they are imposed by all relevant countries, on all businesses and individuals enabling the junta and its atrocity crimes.
“JFM is calling for coordinated international sanctions on these companies and their directors and shareholders in order to stop the flow of arms and equipment to the military junta.
“Governments and companies – especially Singapore – have significant power to end the military junta’s war crimes and crimes against humanity. Without meaningful action, Singapore will remain complicit in the Myanmar military’s atrocity crimes.
“Singapore and other governments imposed swift and coordinated sanctions on the Russian government and its arms businesses in response to its aggression against Ukraine. The time is well overdue for governments to take a decisive and coordinated response to the Myanmar military’s international crimes.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-08-11
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"116 Myanmar and Singapore companies with 262 directors and shareholders have brokered the supply of weapons and other equipment worth many millions in US dollars to the Myanmar military, including since the illegal attempted coup of February 1, 2021.
The known brokers include 31 companies with 77 directors and shareholders that Justice For Myanmar has identified as suppliers of arms and equipment to the Myanmar military, who have had active business with the military since its coup attempt. These businesses and their directors and shareholders are complicit in the military’s atrocity crimes. Justice For Myanmar calls for urgent sanctions against these companies and individuals.
Justice For Myanmar has also identified 27 companies with 51 directors and shareholders that brokered arms and equipment to the Myanmar military since 2017– the year of the Rohingya genocide, preceding the coup attempt. They have been complicit in the military’s atrocity crimes and must be prevented from pursuing further business with the military. Justice For Myanmar calls for sanctions against these companies and individuals.
Linked to the total of 78 Myanmar-based companies brokering for the military are at least 38 subsidiary or associated companies in Singapore.
Singapore has long been a known financial and trade hub for the Myanmar military junta and this poses an imminent threat to the lives of millions of Myanmar people. As a member of ASEAN, Singapore has an important role to play to resolve the Myanmar crisis. It must start by ending its complicity in the junta’s international crimes.
Myanmar’s military resources have long been used in its campaign of terror against the people of Myanmar, in aggression against ethnic minorities who resisted its attempts to suppress their equal rights in the union. The military has committed war crimes and crimes against humanity with total impunity against ethnic minorities and in 2017, committed genocide against the Rohingya. Since the 1 February 2021 attempted coup, that deliberate violence is directed against people across the country who continue to reject and resist the military’s ongoing attempt to seize power.
The suppliers of arms to the Myanmar military have had knowledge of the war crimes, crimes against humanity and genocide committed by the brutal military. Those who continue to provide arms are complicit in the military’s atrocity crimes.
Since the military’s attempted coup, the military has carried out indiscriminate airstrikes and shelling, murdered villagers, committed rape, destroyed homes and crops, and forcibly displaced an estimated 866,400 people.
Under the Arms Trade Treaty, to which 111 states are parties, it is prohibited to transfer arms with knowledge they would be used in the commission of genocide, crimes against humanity or war crimes. The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies seeks to prevent the transfer of dual-use goods to countries of concern. 42 states are parties to the Wassenaar Agreement. However, Singapore is not a party to the Arms Trade Treaty or the Wassenaar Arrangement.
So far, only a few of the companies supplying arms and other products to the military junta have been sanctioned, while the vast majority are continuing to operate freely.
Companies brokering arms to Myanmar military
The following companies are confirmed to have brokered arms and equipment to the Myanmar military, and are divided into three categories, based on the current status of their identified business activities.
Category “A” lists brokers of arms and equipment to the Myanmar military, who have had business with the Myanmar military since the attempted coup.
Category “B” lists brokers of arms and equipment to the Myanmar military, who have conducted business with the Myanmar military following the Rohingya genocide from 2017 or later.
Justice For Myanmar calls for companies, directors and shareholders listed in category “A” and “B” to be sanctioned for their involvement in supplying the Myanmar military.
Category “C” includes brokers of arms and equipment to the Myanmar military, who have conducted business with the Myanmar military from 2015-2016, or where dates are not confirmed. The companies, their shareholders and directors should be monitored as there is a risk that they may have continued business with the Myanmar military. Any ongoing business with the Myanmar military must result in sanctions.
The sources are based on documents from the Myanmar Ministry of Defence's procurement department that have been leaked to JFM, previous disclosures made public by JFM, industry sources and other online and media sources.
Download the list of Myanmar military arms broker companies and individuals (11 August 2022): Download Excel File (65 kb)
Category A: Brokers of arms and equipment to the Myanmar military, who have had business with the Myanmar military since its coup attempt
A1 Group of Companies & subsidiaries: Yadanarbon Fibre Services Co. Ltd, Com & Com Co. Ltd, Terabit Wave Co. Ltd & Bright Sky Group Pte Ltd
A1 Group through its subsidiaries Yadanarbon Fibre Services Company Limited, Com & Com Company Limited, Terabit Wave Company Limited and Bright Sky Group Private Limited provide telecommunications technology and services to the Myanmar military.
According to Yadanarbon Fibre Services Co. Ltd’s website, the company has provided CCTV surveillance services to the Ministry of Defence, which is controlled by the war criminal Min Aung Hlaing.
Terabit Wave Co. Ltd and Com & Com Co. Ltd, which has business links to German and Israel companies, have had business with the Myanmar Army’s Directorate of Signals since 2014.
According to JFM sources, purchases are made through Bright Sky Group Pte Ltd, a Singaporean business unit of the A1 Group.
In 2017, Terabit Wave brokered or attempted to broker the procurement of optical transmission systems from the Korean firm Coweaver for the Directorate of Signals, according to a leaked letter sent by the company to the Directorate of Procurement in September 2017.
The four companies share common directors and shareholders. In addition, Yadanarbon Fibre Services Company Limited is also a shareholder in Telecom International Myanmar (Mytel), a military-controlled telecommunications operator in Myanmar, through Myanmar National Telecom Holdings.
For more details, see JFM’s feature.
Creative Exploration Ltd
Creative Exploration Limited (formerly known as mySpace International or My Space International Company Limited) has imported fuzes from India to the Myanmar military since the attempted coup.
The most recent shipment was on March 25, 2022 and consisted of 3,000 fuzes, according to records from the Panjiva trade database. This followed a similar shipment in 2020 and 2019.
The company has also imported digital forensics technology from the United States (US) firm Oxygen Forensics and a digital forensics examination station from the US firm Sirichie, both via Indian suppliers.
Creative Exploration Ltd is also a major broker of arms and equipment for the Myanmar police force.
The company is owned by Dr Kyaw Kyaw Htun, a former military officer and graduate of the Defence Services Technological Academy and his wife, Zar Phyu Tin Soe, is the daughter of a former military officer who was Myanmar’s ambassador to Russia.
For more details, see JFM’s feature
Dynasty Group & its subsidiaries
Dynasty Group of Companies, which has carried out business in the European Union (EU), supplied aircraft and spare parts manufactured by the German company Grob to the Myanmar Air Force.
A subsidiary of Dynasty Group, Dynasty International Company Limited, is also a key arms supplier to the Myanmar military, with links to companies in Russia, Belarus and Germany.
Dynasty International imported parts for Mi-17 helicopters since the attempted coup, according to data from the trade database, ImportGenius.
The Group’s director, Dr Aung Moe Myint, is the Belarus Honorary Consul to Myanmar.
His business unit registered in Singapore, Dynasty Excellency Pte Ltd, is highly likely to be used to facilitate arms transactions to Myanmar.
Aung Moe Myint is now targeted by sanctions from the United Kingdom (UK) and Canada, and his business Dynasty International Company Limited is also sanctioned by the UK.
For more details, see JFM’s feature.
Galaxy Shine Co. Ltd
Galaxy Shine Company Limited (formerly known as Aung Sein Hein Company Limited) has imported Mi-17 helicopter parts to Myanmar from Simplex LLC, a Russian supplier of aircraft parts, since the attempted coup.
For more details, see JFM’s feature.
Htoo Group of Companies & its subsidiaries: Myanmar Avia Export, Htoo Trading, YAECO
The Htoo Group of Companies (HGC) is a major crony conglomerate owned by arms broker Tay Za and his family.
Tay Za is a significant business associate of the Myanmar military, who has supplied the military with aircraft and parts through his companies, Myanmar Avia Export and Htoo Trading Company Limited.
Myanmar Avia Export Company has imported Mi-35P aircrafts and Mi-17 aircrafts parts worth millions of euros from Ukrainian firm Motor Sich and Russian firms including JSC Russian Helicopters, according to a leaked Ministry of Defence document concerning procurement for 2015-16 FY and a leaked letter from the Myanmar Air Force to the Directorate of Procurement, sent in November 2017. The company is now in liquidation.
The Group’s aviation service company Yangon Aircraft Engineering Company Limited (YAECO) has also provided services to the Myanmar Air Force.
The Htoo Group of Companies and some of key directors and shareholders have been sanctioned by the US, the UK and the EU for providing financial support and arms to the Myanmar military.
HGC has ongoing business with the Myanmar military and its conglomerates.
For more details, see JFM’s feature.
International Gateways Group of Companies, Myanmar Consultancy Co. Ltd & Venture Sky International Ltd
International Gateways Group of Companies (IGG) through its subsidiary Gateways Hongkong Company Limited – was awarded contracts worth millions of US dollars to supply equipment including spare parts and upgrades for the air force’s fighter jets and other aircraft and weapons for warships to the Myanmar military.
According to JFM sources, IGG is one of the biggest arms suppliers to the Myanmar Air Force and Navy, especially in trade from China.
IGG’s managing director, Dr. Naing Htut Aung, is sanctioned by the US.
Dr. Naing Htut Aung was a key director and shareholder of Myanmar Consultancy Company Limited (MCC), which has procured equipment from ALLWE, a Russian trading company that specialises in the supply of aircraft parts and related equipment for Mi-8 and Mi-17 helicopters. In 2019, Myanmar Consultancy attempted to supply a CASA CN-235 military transport aircraft, according to a leaked proposal.
MCC was an online exhibitor at the MAKS 2021 air show in Russia, which the Myanmar military coup leader Senior General Min Aung Hlaing attended in person.
For details, see JFM’s feature.
Dr. Naing Htut Aung’s Singapore business Venture Sky International Ltd has directly supplied aircraft spare parts to the Myanmar military.
The company had at least 12 contracts with the Myanmar Air Force to provide aircraft spare parts in 2016 alone.
Notably, this is the same year the company was established, indicating that the company was likely to have been set up as an intermediary for the Myanmar military amidst sanctions that were in place at the time.
According to a leaked Ministry of Defence document concerning procurement, the 2016 purchases include:
53 spare parts for MiG-29 fighter planes worth over USD$ 3.3 million
213 spare parts for G-4 planes worth USD$ 800,000
197 spare parts for K-8w trainer jets worth USD$ 700,000
30 spare parts for Y-12 multi-use planes worth USD$ 100,000
7 spare parts for Mi-17 military helicopters worth USD$ 10,901
25 spare parts for Mi-17 military helicopters worth USD$ 47,203
289 spare parts for Cessna Citation CCII planes worth USD$ 1.4 million
4 spare parts for main components of CCII planes worth USD$ 43,640
57 spare parts for F-7 fighter planes worth USD$ 200,000
3 pieces of lifting equipment for Myanmar Navy worth USD$ 359,750
11 main components for MiG-29 fighter planes worth USD$ 1.1 million
5 main components for Bell-206 helicopters worth USD$ 44,650
In 2017, when the Myanmar military carried out a campaign of genocide against the Rohingya,
Venture Sky International Ltd also sold spare parts for PC-7 aircraft and Mi-17 helicopters to the Myanmar military.
Venture Sky International Ltd was dissolved in October 2021 after JFM reported on arms shipments involving Dr Naing Htut Aung’s companies.
Dr Naing Htut Aung is a key arms dealer to the Myanmar military and his businesses are currently only sanctioned in the US and continue to operate freely elsewhere.
For more details, see JFM’s feature.
KT Group, Ky-Tha Group & their subsidiaries
KT Group of Companies and Ky-Tha Group of Companies have procured arms and dual use goods for the Myanmar military through their subsidiaries.
A subsidiary Kyaw Htet Kyaw Company is a key broker for the procurement of equipment and services for the Myanmar military, including the air force and the army’s Directorate of Procurement.
The company won a one-million-euro tender for the purchase of a Sub-Atlantic Super Mohawk remotely operated vehicle (ROV), manufactured by the US-based Forum Energy Technologies.
According to a leaked document, the transaction was made through subsidiary Ky-Tha Trading in Singapore.
KT Group subsidiary, MWG Limited, has procured Fokker planes for the Myanmar Air Force, according to the New York Times.
Subsidiaries Ky-Tha Trading and Ky-Tha Industrial Development have also procured and provided services related to Thales Coast Watcher 100s – a French-designed long-range coastal surveillance radar – for the Myanmar Navy.
These companies are owned by Moe Kyaw Thaung and his son Jonathan Myo Kyaw Thaung, who is the Chief Executive Officer of KT Group.
Jonathan Myo Kyaw Thaung is currently sanctioned by the US for being a business associate of the Myanmar military.
Yet, no other country has sanctioned his arms-dealing companies and their directors.
KT Group has ongoing business with the Myanmar military and its conglomerates. For more details, see New York Times reporting and JFM’s feature.
L T Resources Co. Ltd
L T Resources Company Limited is linked to the procurement of aircraft for the Myanmar Air Force.
The company is owned by Linn Htet and Mon Yee and Thida Myint (niece, nephew and sister of the junta’s State Administration Council member, Maung Maung Kyaw).
For more details, see Reuters reporting.
Mega Hill General Trading Co. Ltd
Mega Hill General Trading Company Limited has procured arms, dual use goods and spare parts for the Myanmar military, including after the attempted coup.
The company also has a history of procuring technology and providing services through the army’s Directorate of Procurement.
It also provides medical supplies to the Myanmar military's Defence Services Medical Academy.
The company has business links to German companies.
For more details, see JFM’s feature.
Miya Win International & Asia Golden Phoenix Consultancy Services
These two companies procure arms and dual use goods for the Myanmar military, including from Austria and Germany.
Miya Win International procured Austrian-made Schiebel Camcopter S-100 unmanned aerial vehicles for the Myanmar military, in breach of the EU arms embargo.
Asia Golden Phoenix Consultancy procured an ATR flight simulator from the Austrian firm Axis Simulation, and registered it with the European Air Safety Authority.
Miya Win International has imported parts and a full-scale training model for Camcopter S-100s since the illegal coup attempt.
Miya Win International is now subject to sanctions from the UK for its role in procuring arms on behalf of the Myanmar military.
For more details, see JFM’s feature.
Myanmar Chemical & Machinery Co. Ltd & its subsidiaries
Myanmar Chemical & Machinery Company Ltd (MCM) is owned by arms dealer Aung Hlaing Oo.
The company’s subsidiaries are suppliers of arms and related materiel to the Myanmar military and are also involved in arms production and a technical transfer project producing K-8 trainer jets in Myanmar with the Chinese state-owned arms company, CATIC. K-8 trainers were last commissioned during the junta’s air force anniversary celebrations in December 2021.
MCM was part of a project with the Ukrainian state-owned arms manufacturer Ukroboronprom and the army’s Directorate of Defence Industries to produce BTR-4 armoured personnel carriers (APCs), MMT-40 light tanks and 2SIU self-propelled howitzers.
MCM has supplied spare parts, tools and accessories for T-72 tanks to the Commander in Chief of the Myanmar Army’s Directorate of Artillery and Armour Corps.
MCM has also procured arms from Serbia for the Myanmar military. A 2019 MCM proposal for the Myanmar Air Force, leaked to Justice For Myanmar, details aircraft-mounted rocket launchers, rockets, free-fall bombs, a multiple bomb launcher for use “on large surfaces” and fuses.
A Singaporean subsidiary of MCM Pacific Pte Ltd has provided parts for Mi-2, Mi-17 and Bell 206 helicopters to the Myanmar Air Force.
The company has also imported spare parts for a MTU12V 331TC 92 marine diesel engine as well as an engine display unit, propulsion system, lifesaving equipment and stern arrangement worth millions of US dollars for the Myanmar Navy.
MCM Pacific Pte Ltd supplied BTR-3U armoured personnel carrier parts to the Myanmar army’s Directorate of Artillery and Armour Corps worth millions of euros.
MCM has been sanctioned by the US, UK and Canada.
For more details, see JFM’s feature and comany profile.
Myanmar New Era Trading Co. Ltd & Yatanarpon Aviation Support Co. Ltd
Myanmar New Era Trading Company Limited, owned by Aung Myo Win, former managing director of arms supplier Myanmar Consultancy Company Limited, has procured goods for the Myanmar military.
Data from the trade database Import Genius reveals that Myanmar New Era Trading Company Limited has shipped parts for Mi-17 and Mi-8 helicopters from Russia 83 times.
Yatanarpon Aviation Support Company Limited, which is linked to Myanmar New Era Trading Company Limited, has received aircraft parts from Ukroboronservice on behalf of the Myanmar military since 2020, including following the military’s attempted coup.
Yatanarpon Aviation Support Co. Ltd was formerly a company of Sit Taing Aung, Mexico's honorary consul to Myanmar, who has been sanctioned by the US and Canada for brokering arms on behalf of the Myanmar military.
Yatanarpon Aviation Support Co. Ltd is now in liquidation.
For more details, see JFM’s features here and here.
Sky Aviator Co. Ltd
Sky Aviator is a Myanmar miliary arms broker that has procured equipment from Russia and Ukraine since the attempted coup, including YAK-130 support equipment from Concern Radio-Electronic Technologies (KRET), refitted turbojet engines from United Engine Corporation and engine parts from Rosoboronexport and Motor Sich.
According to a proposal leaked to JFM, Sky Aviator represents JSC Russian Helicopters in Myanmar.
Sky Aviator is subject to UK sanctions.
For more details, see JFM’s feature and details of recent shipments received from Russia by Sky Aviator Co. Ltd.
Star Sapphire Group
A subsidiary of Star Sapphire Group – Star Sapphire Trading Company Limited – has played a key role in brokering deals for arms and military equipment on behalf of the Myanmar military over many years.
Equipment procured has included defence technology and products from China and, previously from Israel.
The company’s Managing Director, Dr Tun Min Latt, is directly involved in these arms deals and has direct access to military coup leader Senior-General Min Aung Hlaing.
His wife Dr Tun Min Latt jointly formed a company with Khin Thiri Thet Mon, daughter of Min Aung Hlaing.
The company has ongoing business with the Myanmar military.
For details, see JFM’s feature.
Synpex Shwe Co. Ltd
The Synpex Shwe Company Limited procured material for the Myanmar Air Force in March 2021 and the company is also a supplier for the Directorate of Defence Industries.
Synpex Shwe is now subjected to sanctions from the UK for its role in procuring arms on behalf of the Myanmar military.
For more details, see the JFM feature.
Trident Marine Co. Ltd, Amber Star General Trading Co. Ltd, Atland Services Pte Ltd and D&K Intertrade Pte Ltd
These companies have supplied equipment and services worth many millions of US dollars for the Myanmar navy, as part of a major frigate construction project.
In the aftermath of the junta’s illegal coup attempt, Trident Marine Co. Ltd staff together with a Myanmar navy delegation travelled to Ukraine as part of the frigate project.
The deal was brokered in partnership with the Ukrainian-owned Singaporean company, Atland Services Pte Ltd, according to an industry source.
Trident Marine Co. Ltd also procured ship parts for the Myanmar Navy in 2015-16, including navigation equipment, electrical fittings and steering equipment.
For more details, see Myanmar Now reporting and JFM’s feature.
Category B: Brokers of arms and equipment to the Myanmar military, who have had business with the Myanmar military during the 2017-18 financial year or later
Aero Sofi Co. Ltd & Asia Trading Group Pte Ltd
Aero Sofi Company Limited is a supplier to the Myanmar Air Force.
The company’s agreements with the Myanmar Air Force include the luxury refurbishment of an Airbus A319-112 plane worth millions of US dollars, which was cancelled after it was exposed, and a proposed US$38.6 million deal to purchase two Airbus CASA C-295 military transport planes from the Royal Jordanian Air Force.
The company is wholly owned by an arms broker, Sai Kham Park Hpa, who holds a stake in the Singapore-based Asia Trading Group Private Limited, a company which is facilitates the transactions.
For more details, see JFM’s feature.
Asia Energy Supply & Services Co. Ltd
This company supplied a pump to the Myanmar Navy in 2017, according to a leaked Ministry of Defence document concerning procurement.
D S T Business Group Co. Ltd
In 2017-18, the company supplied an engine room ventilation system and accessories, an anchor winch and an F12 PLC industrial computer control card, a shipboard power cable, electrical hardware, a watertight cable sealing system, a navigation lamp, a search light, a signal light, a marine electrical lamp fitting and a steering system to be used by the Myanmar Navy, according to a leaked Ministry of Defence document concerning procurement.
General Machinery Trading Co. Ltd and General Machinery Trading Pte Ltd
General Machinery Trading Company Limited, a port equipment supply company, has provided welding accessories, a welding electrode, panelling materials and packing and joining materials to the Myanmar Navy, according to a leaked Ministry of Defence document concerning procurement.
The purchases were made through its Singapore business unit, General Machinery Trading Private Limited.
Another leaked Ministry of Defence document concerning procurement shows General Machinery Trading Company also supplied a Laser Tracker System for the Myanmar Navy in 2017
The company is the official authorised distributor in Myanmar of a wide range of port equipment from international brands – such as cranes and lifting equipment from Konecranes in Finland, V-belts products from Bando in Japan, a mobile shredder from Metso in Denmark and products from Terex Fuchs in Germany, according to the company website.
Interstellar Ltd
This company is an official sales agent for the import of aviation parts from Ukroboronprom in Ukraine to the Myanmar air force, according to a leaked proposal, and was an online exhibitor at the MAKS 2021 air show in Russia.
For more details, see JFM’s feature.
King Royal Technologies Co. Ltd
This company has had contracts with the Myanmar Air Force and the Myanmar army’s Directorate of Signals, and has reportedly been engaged in military research and manufacturing.
It is subject to US Department of Commerce restrictions.
For more details, see JFM’s report and feature on the arms trade with Russia, and a leaked proposal.
Life and Challenge Co. Ltd and LANC Pte Ltd
Life and Challenge Company Limited, a company which has links to the EU, provided an engine room ventilation system and accessories, an anchor winch, a F12 PLC industrial computer control card, and a piping machine and tools for the Myanmar navy, according to leaked Ministry of Defence documents concerning procurement.
In 2018, Life and Challenge Co. Ltd and its partner TBSS, a Singaporean company that specialises in radars and electronic warfare, and training and engineering services, were jointly awarded a contract to design and deliver a radar capability development programme for the Myanmar military officers from the Defence Services Science and Technology Research Centre (DSSTRC), Defence Services Technological Academy (DSTA), Directorate of Signals and Directorate of Defence Industries.
Life and Challenge Co. Ltd has also supplied dozens of items to the DSSTRC through its Singapore business LANC Pte Ltd.
Life and Challenge Co. Ltd’s co-owner Wunna is also director and shareholder of Myanmar Consultancy Company Limited (MCC), a key arms supplier to the Myanmar military.
For more details, see JFM’s feature.
Lion Zone Co. Ltd
This company was contracted to supply a plating machine and other tools for the Myanmar Navy in 2017.
For more details, see JFM’s feature.
Machinery & Solutions Co. Ltd
This company supplied spare parts for a MTU12V 331TC 92 marine diesel engine and an engine display unit for the Myanmar Navy in 2017, according to a leaked Ministry of Defence document concerning procurement.
Mega Dynamic Co. Ltd and Achiever Marine Service
These two companies have jointly provided items for the Myanmar Navy following a successful bid in a Ministry of Defence call for tenders for dozens of marine equipment items including ship wiring cables, navigation and marine electrical fittings, a propulsion system, a stern arrangement, a steering system, a ventilation blower, welding machines, mooring and towing equipment and other accessories, according to a leaked Ministry of Defence document concerning procurement for 2015-16 FY
In 2017, Mega Dynamic Co. Ltd also provided a propulsion system, a stern arrangement, a steering system and ventilation blower to Myanmar Navy, according to a leaked Ministry of Defence document concerning procurement for 2017-18 FY.
Monday International Co. Ltd
This company supplied an engine room ventilation system and accessories for the Myanmar Navy in 2017, according to a leaked Ministry of Defence document concerning procurement.
Myan Shwe Pyi Tractors Ltd
This company sold a propulsion system and stern arrangement to the Myanmar Navy in 2014 and 2017, respectively, according to a leaked Ministry of Defence document concerning procurement.
Myanmar Future Science Co. Ltd
This company has procured Elbit drone parts that were sent to the Myanmar military.
For more details, see a proposal leaked to JFM, and reporting in the New York Times.
One Success Co. Ltd
This company was awarded a contract to supply foundry shop accessories to the Myanmar Navy in 2017, according to a leaked Ministry of Defence document concerning procurement.
Royal Shune Lei Co. Ltd
The Royal Shune Lei Company Limited has supplied arms and related materiel from Russia and Serbia to the Myanmar military.
See the leaked 2019 proposal involving procurement from Serbia and this feature on the arms trade with Russia.
Shwepoe May Co. Ltd
Shwepoe May Company Limited is run by a former instructor at the Myanmar military’s Defence Services Academy.
The company has supplied rockets and missiles to the military, according to a JFM source.
It has also provided spare parts for BTR-3U armoured personnel carriers to the Commander in Chief (Army) Directorate of Artillery and Armour Corps.
See 2019 proposal leaked to JFM.
Sixth Ocean Ltd & Midway Pte Ltd
Sixth Ocean Limited has procured equipment for the Myanmar military.
The company’s purchases were made through Midway Pte Ltd, a company that was registered in Singapore, but has since been struck off the company registry.
In addition, Sixth Ocean also has links to Allwe, a Russian company which provides parts to the Myanmar military.
For more details, see JFM’s feature.
Sun & Moon 777
Sun & Moon 777 works closely with the Commander in Chief of the Myanmar Navy, Moe Aung.
The company brokered French Zodiac Milpro inflatable rubber boats to Myawaddy Trading, a subsidiary of the Myanmar military’s conglomerate, Myanma Economic Holdings Limited (MEHL), in August 2020, for delivery in 2021, according to leaked documents.
The Myanmar Navy is known to be the end user of these boats according to an industry source with knowledge of the transaction.
TBSS Group and TBSS Center for Electrical and Electronics Engineering
TBSS, a sole proprietor company owned by Singapore engineer Lee Kar Heng, has provided equipment, training and support for the Myanmar military to development its radar capabilities, in partnership with Myanmar military broker Life and Challenge Company Limited. This has included the provision of a 9-month radar capability development program for the Defense Services Science and Technology Research Centre (DSSTRC) and Defence Services Technological Academy (DSTA) in 2018. Lee Kar Heng is a former staff of Singapore’s Defence Science and Technology Agency.
TBSS Group has involved its international partners in supplying equipment and training to the Myanmar military, including Keysight Technologies (USA), SkyRadar (Luxembourg/Germany), Dspnor (Norway) and RFBeam (Switzerland).
For details, see JFM’s feature and Straits Times reporting.
Trio Core Distribution Co. Ltd
Trio Core Distribution Company Limited is linked to arms broker Miya Win International.
This company was a business partner to Victorinox and arranged a meeting for Victorinox with the Myanmar military on August 22, 2017, as the military was committing genocide against the Rohingya. It led to the supply of knives with an imprint for the 72nd anniversary of the Myanmar Air Force in 2019.
For more details, see JFM’s feature.
True North Co. Ltd
True North is a known arms dealer and the agent of the Indonesian state-owned enterprise, PT Pindad. PT Pindad has exported ammunition to Myanmar. True North is owned by Htoo Htoo Shein Oo, the son of the Myanmar military junta’s planning and finance minister, Win Shein.
For more details, see JFM’s feature.
Trust And Honesty International Co. Ltd / UK Logix Security International Co. Ltd
Aung Min Nyo (also known as Kevin Nyo) and these two companies that he co-owns have provided defence security consultation, services and technology to the Myanmar military, according to JFM sources.
Category C: Brokers of arms and equipment to the Myanmar military, who had business with the Myanmar military from 2015 to 2016, or where dates are not confirmed
Asia Resource Developments Trading Co. Ltd
This company has had contracts with the Myanmar Navy to supply marine items including an engine room ventilation system and accessories, marine diesel gensets, a main switchboard, marine spare parts and an oxygen plant for a naval dockyard, according to a leaked Ministry of Defence document concerning procurement for 2015-16 FY.
Bamar Pte Ltd
Bamar Pte, a Singapore based company owned by Myanmar citizens, has supplied arms and aircraft spare parts for the Myanmar military in 2016.
The items supplied include spare parts for Mi-17 helicopters and 37mm twin barrel AA guns worth millions in US dollars, according to a leaked Ministry of Defence document concerning procurement, according to leaked Ministry of Defence documents concerning procurement.
The company has registered an overseas branch office in Yangon, Myanmar.
Eternity Star Co. Ltd and Pollux Marine Pte Ltd
Eternity Star Company Limited and Pollux Marine Private Limited have jointly imported ship wiring cables, marine navigation electrical fittings and a steering system for the Myanmar Navy, according to a leaked Ministry of Defence document concerning procurement for 2015-16 FY.
Both companies are owned by a Myanmar citizen, Ye Linn.
Eternity Star Co. Ltd is the authorised distributor of products from marine brands ESAB, Mercury Marine and Delfin in Myanmar.
Future Gift International Ltd
This company has provided an aviation jet refuelling vehicle for the Myanmar Air Force in 2016, according to a leaked Ministry of Defence document concerning procurement.
Lucky Bird Trading Company Limited
A leaked August 2017 Myanmar Air Force letter to the Directorate of Procurement shows that Lucky Bird Co. Ltd attempted to broker EWR 600 and EWR 750 weather radar manufactured by its partner. According to an arms industry source, Lucky Bird Trading has also won IT contracts from the Myanmar military.
Marinetech Limited
A Myanmar military broker with links to France. In July 2017, Marinetech together with a French partner CNIM met with the Myanmar army to negotiate the provision of a modular assault bridge system, according to a leaked letter sent to the Directorate of Procurement.
Mascot Company Limited
The company has supplied communications equipment to the Myanmar army from the South African firm Reutech, according to an industry source.
The UN Independent International Fact-Finding Mission on Myanmar (FFMM) reported that Reutech has supplied ground-to-air radio transmitter V/UHF transceivers (Reutech/PAE 3060), according to the Ministry of Defence budget documents.
Moezac Company Limited
A leaked July 2017 Directorate of Procurement letter shows representatives from MoeZac Co., Ltd. is partnered with Russian firm UAZ LLC and met with Directorate of Defence Industries regarding the supply of armoured and other vehicles.
Nanova Company Limited and Nanova Pte Ltd
Nanova Company Limited supplied equipment including pneumatic fenders for the Myanmar Navy.
It has also provided scientific equipment for the Myanmar military’s Defence Services Science and Technology Research Centre (DSSTRC), according to a leaked Ministry of Defence document concerning procurement for 2015-16 FY.
Since 2014, Nanova has been purchasing Radar Absorbent Paint (RAP) manufactured by Micromag Co., Ltd. for the Myanmar military. According to a brief report, Myanmar Navy representatives travelled to Spain in Feb 2014 regarding Micromag purchases.
Nanova is registered in Myanmar as well as in Singapore as a supplier of medical, scientific and industrial equipment.
It has offices in Yangon, Naypyidaw and Mandalay.
Oro Vittorio Co. Ltd.
This company supplied spare parts for a flight simulator to the Myanmar Air Force in 2016, according to a leaked Ministry of Defence document concerning procurement.
Proven Technology Industry Co. Ltd.
This company has supplied thousands of vehicle batteries to the Myanmar military, according to a leakedMinistry of Defence document concerning procurement for 2015-16 FY.
Pyae Naing Thu Co. Ltd and Xinde Marine Engineering Pte Ltd
Xinde Marine Engineering Private Limited had a joint agreement with Pyae Naing Thu Company Limited to provide items for the Myanmar Navy following a successful bid in a Ministry of Defence call for tenders for gyrocompass equipment and stabiliser systems, and an external firefighting system in 2015-16, according to a leaked Ministry of Defence document concerning procurement.
Royal Pyae Phyo Company Limited
Royal Pyae Phyo, a trading and logistics company has involved in supplying the Myanmar military with nitrate from the Thai firm, Thai Nitrate Company, according to an industry source.
According to Royal Pyae Phyo’s website, their partners include the Chinese arms conglomerate AVIC, and the Chinese drone manufacturer Beihang UAS Technology Co. Ltd.
Sea Technology International Ltd and Sea Technology Cooperation Pte Ltd
Sea Technology International Limited is a major supplier of marine communication and navigation equipment in Myanmar.
The company has had multiple contracts with the Myanmar military. It provided items for the Myanmar Navy following a successful bid in a Ministry of Defence call for tenders for navigation and other equipment to be installed on landing craft, offshore patrol boats and other naval vessels, according to a leaked Ministry of Defence document concerning procurement for 2015-16 FY.
The company also supplied a Furuno navigation radar to the Myanmar army.
The purchases were made through Sea Technology Cooperation Pte. Ltd, a Singapore branch of Sea Technology.
Shwe Pan Thu Co. Ltd. and Duwon Pte Ltd
These companies have jointly supplied items for the Myanmar Navy following a successful bid in a Ministry of Defence call for tenders for anchor chain and accessories and a marine window, according to a Ministry of Defence document concerning procurement for 2015-16 FY.
Singa International Enterprise Ltd and Royal Lion International Pte Ltd
These companies jointly brokered items for the Myanmar Navy following a successful bid in a Ministry of Defence call for tenders for an electric boat crane, firefighting and other equipment, according to a leaked Ministry of Defence document concerning procurement for 2015-16 FY.
The companies have the same directors: Khin Thin Swe and Sein Aung.
The Prime Inya Company Limited
The Prime Inya Company Limited and its partner, Chinese Aerospace Long March International Trade Co. Ltd., a subsidiary of CASC met with the air force commander-in-chief regarding CH-4 armed UAVs in Aug 22, 2017 according to a leaked Myanmar Air Force letter to the Directorate of Procurement. China Aerospace Science and Technology Corp. CASC has a plant to build CH-4 UAVs in Myanmar, according to the UN Fact-Finding Mission.
The Prime Inya has also been listed as a buyer of ammonium nitrate and sulphur.
Triple Phoenix Co. Ltd. and Triple Phoenix Pte Ltd
Triple Phoenix Company Limited and its Singapore subsidiary Triple Phoenix Private Limited were awarded multiple contracts to supply equipment for the Myanmar military, according to a leaked Ministry of Defence document concerning procurement for 2015-16 FY.
This has included providing items for the Myanmar Air Force following a successful bid in a Ministry of Defence call for tenders for spare parts for Mi-17 helicopters and main components for MiG-29 aircraft.
These companies have also supplied navigation equipment to be installed on a hospital ship used by the Myanmar Navy and cardiac consumables for the Defence Services Medical Academy.
Some of the purchases were made through a Singapore company, TRD Consultancy Pte Ltd, which has shared the same office and directors with Triple Phoenix Pte Ltd. TRD Consultancy has had an office in Myanmar and has supplied anti-drone guns to the Myanmar Police Force.
Shwe Htee San Trading Co. Ltd. and Shwe Htee San
Shwe Htee San Trading Company Limited, together with its Singapore business, have supplied navigation equipment for the Myanmar Navy to be installed on a naval ship, according to a leaked Ministry of Defence document concerning procurement.
The companies have been struck off the Myanmar and Singapore company registries.
Reliance Products Pte Ltd
Reliance Products Private Limited is linked to Mega Hill General Trading Co. Ltd and has imported hydraulic cranes for the Myanmar navy and equipment for the Defence Services Science and Technology Research Centre (DSSTRC), according to a leaked Ministry of Defence document concerning procurement for the 2015-16 FY.
Call for sanctions
Justice For Myanmar calls for sanctions on the abovementioned category “A” and “B” companies and their directors and shareholders, for their involvement in supplying the Myanmar military.
Category “C” companies and their shareholders and directors should be monitored for any continued business with the Myanmar military. Any ongoing business with the Myanmar military must result in sanctions.
More sanctions are urgently required to prevent the continued flow of arms, equipment and revenue to the Myanmar military, which enable its campaign of terror. Targeted sanctions must capture:
Myanmar and international companies supplying and funding the Myanmar military;
Myanmar and international companies and their directors and shareholders brokering arms, dual-use goods, and funds;
any other companies and individuals that continue to provide the Myanmar military with arms, dual use goods and revenue.
Detailed list of Myanmar military arms broker companies and individuals
JFM has compiled detailed lists identifying Myanmar registered companies and Myanmar linked Singaporean companies involved in supplying the Myanmar military, along with company directors and shareholders, graded according to the abovementioned categories..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-08-11
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Business and the Military, Sanctions, The Burmese military's role in the economy
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"The world awoke on July 25th to news that Myanmar’s military junta had executed four democracy activists following a sham judicial process, the first death sentences carried out in Myanmar in decades. Although the military has killed thousands, including dozens who have been tortured to death in military custody, since attempting to wrest control of the country from the democratically elected government in a February 1, 2021 coup d’état, the executions, and reports that a further 41 may be planned, represent a significant escalation of the junta’s campaign of repression against the people of Myanmar. The executions also show irrefutably the junta’s indifference to appeals from the international community. It is past time for US policy toward Myanmar to respond meaningfully to the junta’s depravity by taking truly meaningful action to restrict the junta’s access to foreign currency through sanctions that target its largest source of foreign income: Myanmar’s oil and gas industry. The arguments against this approach do not withstand scrutiny.
Ma Thazin Nyunt Aung, the wife of hip-hop activist turned pro-democracy politician Ko Phyo Zayar Thaw, summed up the situation in an interview with Frontier Myanmar shortly after learning that her husband had been executed. She said:
“The military has been killing people in Myanmar since the military coup. But they always denied these crimes. Now, they killed publicly. They show now that they kill people, and they don’t care who. If they want to kill, they can kill. They don’t care about our human rights.”
The executions demonstrate the disdain with which the junta views international opinion and a disregard for diplomatic pressure, as even sympathetic dictators such as Cambodia’s Hun Sen had urged the junta to call off the executions. Not that this demonstration was needed. The junta has spent over a year thumbing its nose at ASEAN by ignoring the “Five Point Consensus” to which it agreed in April 2021 and has consistently refused to allow the United Nations Special Envoy to Myanmar access to the country.
The international community must take immediate action to weaken the military’s ability to retain power and the impunity with which it commits abuses. Condemnation of the junta’s actions, while necessary, is clearly insufficient. For the United States, this starts with leveling long-overdue sanctions on Myanmar’s oil and gas industry, and in particular the Myanmar Oil and Gas Enterprise (MOGE) – the government entity that acts as both the industry regulator and commercial partner for oil and gas projects in Myanmar. The junta may not care about international opinion, but it relies on the international financial system for the funds it needs to fuel its repression and enrich its leaders. The junta needs foreign currency to purchase weapons, surveillance technology, and jet fuel – all the products that have allowed it to terrorize the people of Myanmar.
Prior to the coup, Myanmar’s offshore gas sector was the single largest source of foreign currency income for the government. MOGE was estimated to earn up to $1.5 billion in annual revenue, representing approximately 10% of the pre-coup budget. The increase in global gas prices coupled with the irresponsible decision by TotalEnergies to withdraw from Myanmar by gifting some of its shares in Myanmar’s largest gas field to the junta means it is possible that the junta has earned even more over the past year.
MOGE sanctions are already months overdue. The oil and gas industry has always been the most obvious and impactful target for US sanctions due to the small number of companies and limited employment in the sector, its disproportionate importance to junta revenues, and its reliance on the foreign financial system to process payments. Activists, NGOs, Myanmar’s National Unity Government, and the United Nations’ Special Rapporteur have been calling for US sanctions since shortly after the coup. The EU sanctioned MOGE in February. Some international gas companies, after months of lobbying against sanctions, have changed their tune and called for the United States to act.
Calls have also come from the U.S Congress. In April 2021 a bipartisan group of US senators, led by Marco Rubio (R-FL) and Jeff Merkley (D-OR) sent a letter to the administration calling for MOGE sanctions, as did House Financial Services Chairwoman Maxine Waters in August. Following last week’s executions, Senator Foreign Relations Committee Chairman Bob Menendez and Senate Minority Leader Mitch McConnell added public calls for MOGE sanctions as well.
Targeting Myanmar’s state-owned enterprises is already official US policy, especially those involved in resource extraction. The United States has sanctioned the state-owned enterprises that oversee the timber, pearl, and gemstone industries. In January, the US government released a business advisory warning of the risks of doing business with state-owned enterprises.
In spite of this, the Biden administration has thus far refused to take action against MOGE and the gas industry, instead targeting sanctions at industries that either provide minimal revenues to the junta or lack connections to the global financial system that would make them vulnerable to US sanctions. There appear to be two primary reasons for this refusal to target MOGE:
1. Concern about potential humanitarian impacts both in Myanmar and in Thailand (the importer of most of Myanmar’s gas), and
2. A related, but broader, opposition from the Thai government to US sanctions.
Both of these reasons are grounded in the inaccurate assumption that US sanctions would lead directly to a shutdown in gas production, which could then reduce electricity supplies to Yangon and disrupt Thai energy markets. This concern is a red herring.
Sanctions can, and should, be written to ensure that companies involved in gas production are not forced to suspend operations. Instead, sanctions should target financial transactions to ensure that revenue payments can be frozen or diverted from the military’s coffers and directed into restricted or escrow accounts. Only the junta could decide to suspend production, and there are four reasons to think that it would be unlikely to do so.
1. Domestic legitimacy. Gas fields provide supplies domestically, especially to the industrial base around Yangon. If the junta responded to sanctions by halting gas production, this would directly harm the businesses that provide a production and tax base for the military regime. This would undermine the junta’s claims to legitimacy, which are based on its self-image as the only institution that can maintain stability in the country;
2. International politics. China and Thailand, the export recipients of most of Myanmar’s offshore gas, are also key supporters of the military junta. These relationships are too important for the junta to antagonize by cutting off gas supplies;
3. Greed and economic self-interest. The junta will desire to gain access to this money in the future, even if sanctions freeze gas revenues right now. Shutting down production and export would prevent the junta from ever collecting these funds, but as long as production continues, money will continue to build up. Further, restarting gas fields is time-consuming and potentially cost prohibitive for a near-depleted field like the Yadana field; and
4. Precedent. EU sanctions did not lead to a shutdown in production, even though an EU company (TotalEnergies) was heavily involved in the largest field. US sanctions should be crafted with waivers to allow production to continue.
Even if the junta did decide to halt production, the Thai energy sector would see little impact. Research by EarthRights International shows that Thailand already has excess generation capacity. Further, Thailand could easily switch to fuel oil to manage immediate shocks while moving forward its plans to replace Myanmar gas with increased liquid natural gas imports.
There is a deeper reason for Thai opposition to sanctions. Myanmar’s coup-leader Min Aung Hlaing enjoys close ties with Thailand’s military establishment, to the point where he was adopted by a Thai general in 2012. In 2018, as the Myanmar military was committing genocide against the Rohingya people, he was given Thai military honors.
Mere days after the coup, Min Aung Hlaing reportedly wrote to Thai Prime Minister Prayut asking the Thai leader to “support the democracy of Myanmar” that he was in the process of trampling. Prime Minister Prayut, who first seized power himself in a 2014 coup, assured Min Aung Hlaing that Thailand would not interfere in Myanmar’s internal affairs. While US officials publicly tout Thailand’s role facilitating cross-border assistance, the reality on the ground tells a starkly different story, with the Thai government continuing to restrict aid, arrest activists, and force thousands of refugees back across the border.
In truth, the Thai government, dominated by former military officers and born from multiple military coups, has little interest in seeing resistance to a military coup succeed next door. We need only look at the Thai response to incursions by Myanmar’s air force into Thai air space during bombing raids on villages and opposition outposts, including a recent incident that forced Thai schoolchildren to seek safety in a bomb shelter. Prime Minister Prayut claimed the incident was “not a big deal” while Thai Air Marshall Napedej Thupatemi said, “Bear in mind, Myanmar is a friend.” He was not referring to the pro-democracy movement or deposed leader Aung San Suu Kyi.
It is also clear that a successful coup would leave Myanmar almost entirely dependent on Chinese and Russian investment and political support, setting US regional influence back decades. Weakness in current US policy in Myanmar undermines the Biden administration’s stated efforts to re-prioritize support for democracy following four years of neglect under President Trump. The current US posture also calls into question the administration’s willingness to stand up to an increasingly assertive China in a key geostrategic area. Instead, the US has deflected responsibility by deferring to ineffective “ASEAN centrality” and blaming China for not doing more to rein in the junta. This could not be further from President Biden’s exhortation shortly after taking office: “Democracy doesn’t happen by accident. We have to defend it, fight for it, strengthen it, renew it.”
This is not to say that sanctions on MOGE will immediately cause the junta to change course or lead directly to its collapse.
Sanctions like those proposed on MOGE should be put in place specifically to degrade the ability of the military junta to entrench its power and murder the people of Myanmar by reducing the foreign currency that the junta can use to purchase weapons and surveillance technology. While not decisive on their own, sanctions on MOGE are crucial to any broader strategy the US wants to pursue.
Instead, US refusal to sanction MOGE undermines its already haphazard sanctions efforts by ensuring that the junta’s largest source of revenue remains intact. As seen in the international response to Russia’s invasion of Ukraine, no credible effort to disrupt the Russian war machine can ignore the oil and gas industry. Yet in Myanmar, where the military junta is also heavily reliant on gas revenues, US policy has insisted on doing just that — ignoring the reality. No wonder US sanctions have had little effect on the junta’s income.
Within this context, the Biden administration’s refusal to place sanctions on MOGE is an abdication of political responsibility that risks helping entrench a junta reliant on China and hostile to US interests. The humanitarian risks of MOGE sanctions are limited, especially compared to the clear and obvious costs of refusing to cut this key source of revenue as the junta drags Myanmar deeper into a humanitarian crisis while giving no indication that it will turn from the destructive course it has charted.
Youth activist Thinzar Shunlei Yi, in her own recent call for US sanctions on MOGE in the New York Times, put it best: “As the gas revenue flows, so will the blood of Myanmar’s people.” Time to stop that flow, President Biden..."
Source/publisher:
Justice Security
Date of entry/update:
2022-08-03
[field_licence]
Type:
Individual Documents
Category:
Oil and gas, Sanctions, Business and the Military, Sanctions - general
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Sub-title:
US Sanctions Urgently Needed on Billions in Oil and Gas Revenue
Description:
"(Paris) – Myanmar’s abusive junta will obtain an increased stake in the country’s largest oil and gas field when the French company TotalEnergies withdraws from Myanmar on July 20, 2022, Human Rights Watch said today. TotalEnergies’ shares will be divided proportionally among the remaining three partners – US-based Chevron, Thai-based PTTEP, and the junta-controlled Myanmar Oil and Gas Enterprise (MOGE).
TotalEnergies in January announced its plans to leave Myanmar in six months due to a deteriorating human rights situation that “no longer allows TotalEnergies to make a sufficiently positive contribution in the country.” The company has operated the Yadana gas project since the 1990s in partnership with Chevron and PTTEP.
“Total’s transfer of ownership shares to a military-controlled company will further enrich the junta at the expense of human rights,” said Bénédicte Jeannerod, France director at Human Rights Watch. “Other energy companies looking to exit should make sure they do so responsibly, without contributing to the junta’s coffers.”
Since the February 1, 2021 coup in Myanmar, the junta has imposed a brutal nationwide crackdown on all opposition. The junta’s widespread and systematic abuses, including mass killings, torture, arbitrary arrests, and indiscriminate attacks on civilians, amount to crimes against humanity and war crimes. Security forces have killed over 2,000 people and arbitrarily arrested over 14,000.
In March, the oil and gas project partners approved PTTEP to take over as the operator of Yadana. The division of TotalEnergies’ 31.2 percent stake in both the gas field and pipeline will leave Chevron with 41.1 percent interest, PTTEP with 37.1 percent, and MOGE with 21.8 percent. Chevron also announced plans to withdraw and has indicated its intention to sell its stake to PTTEP, though few details about its exit have been made public.
Natural gas projects in Myanmar generate over US$1 billion in foreign revenue for the junta annually, its single largest source of foreign currency revenue. The money is transmitted in US dollars to MOGE and other military-controlled bank accounts in foreign countries in the form of fees, taxes, royalties, and revenues from the export of natural gas, most of which travels by pipeline to Thailand or China.
On February 21, the European Union imposed new sanctions on junta-controlled businesses including MOGE, the first government entity to do so. However, it also issued a license with ambiguous language that seems to allow exiting companies to relinquish or transfer their shares to MOGE.
Other companies including Woodside, Mitsubishi, Petronas, and ENEOS have announced plans in recent months to withdraw at least in part from operations in Myanmar. Petronas is being replaced as operator of the Yetagun field by Gulf Petroleum Myanmar, according to reports by Myanmar Now and Justice for Myanmar.
When companies exit from Myanmar, they should place their existing shares or property rights into trust or escrow, including shares of exploration or development projects, production, or pipeline transportation ventures, to ensure the revenues from those shares do not benefit the military. If exiting companies determine that they must sell or transfer their shares to another business entity, they should ensure that those entities will respect international sanctions and follow international standards on business and human rights.
Adopting these measures would be consistent with companies’ responsibilities under the United Nations Guiding Principles on Business and Human Rights, which state that “appropriate action” in cases in which business activities are enabling rights abuses includes consideration of “whether terminating the relationship with the entity itself would have adverse human rights consequences.”
Concerned governments should join the EU in sanctioning MOGE while specifying that transfers of ownership to the junta are prohibited. The US in particular is in a key position to impose sanctions since payments in the gas sector – even those handled by non-US companies – are typically made in US dollars and require the involvement of correspondent US or EU banks to finalize, or “settle,” large dollar or Euro transactions. Additional sanctions would also help ensure that the junta is not able to evade the new EU sanctions in other jurisdictions.
PTTEP and South Korea’s POSCO, the two main energy companies remaining in Myanmar, should signal their support for such measures. The largest gas revenue payments to junta-controlled accounts are made via PTT, PTTEP’s parent company, which purchases about 80 percent of Myanmar’s exported natural gas from Yadana as well as the Zawtika gas field, which it operates itself. In April, PTTEP announced it was withdrawing from the nearly depleted Yetagun field. POSCO runs the second largest project, Shwe.
Human Rights Watch has previously written to all of these companies and their shareholders, urging them to support sanctions on gas revenues. Human Rights Watch has also urged other governments including the US, UK, Australia, and Japan to adopt the EU’s approach and sanction Myanmar’s military-owned companies such as MOGE.
“The US and other governments should follow the EU’s lead by urgently imposing measures that will cut the junta off from its millions in gas revenue before companies indifferent to rights take over the payment flows,” Jeannerod said. “Junta leaders need to face economic consequences for the atrocities they are carrying out across Myanmar.”..."
Source/publisher:
"Human Rights Watch" (USA)
Date of entry/update:
2022-07-19
[field_licence]
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Category:
Sanctions, The Burmese military's role in the economy, Oil and gas, Sanctions - general, Human Rights and international relations
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"Indian firm Sandeep Metalcraft Private Limited is supplying fuzes to the Myanmar military, directly supporting its attacks against the people of Myanmar that amount to war crimes and crimes against humanity.
The Indian firm’s ongoing business with the Myanmar military is exposed in a Justice For Myanmar investigation.
Fuzes are devices that cause detonation in bombs and artillery.
The most recent shipment from Sandeep Metalcraft was on March 25, 2022, consisting of 3,000 fuzes, according to records from the Panjiva trade database. This followed a shipment of 1,000 fuzes in 2020 and 5 fuzes in 2019.
While the records of two later shipments did not specify the type of fuzes, the 2019 shipment was of time mechanical fuze 447, designed for 84mm Carl Gustaf recoilless rifles.
The Myanmar military has used 84mm Carl Gustaf rounds during attacks in ethnic areas.
Saab Group, a Swedish corporation that manufactures Carl Gustaf launchers and munitions, did not respond to questions from Justice For Myanmar regarding licencing of fuzes to India’s Ordnance Factory Board and the Sandeep Metalcraft shipments to Myanmar.
The fuzes were sent to the private Myanmar military supplier, Creative Exploration Ltd, formerly named mySpace International.
Creative Exploration is a major broker of arms and equipment for the Myanmar Police Force.
The company is owned by Dr Kyaw Kyaw Htun and his wife, Zar Phyu Tin Soe, the daughter of a former military officer who was Myanmar’s ambassador to Russia. Kyaw Kyaw Htun is a former military officer and graduate of the Defence Services Technological Academy.
Since 2020, Creative Exploration has also imported US digital forensics technology from the US company, Oxygen Forensics, and a digital forensics examination station from the US firm Sirichie, both via Indian suppliers.
Justice For Myanmar calls on India to impose an immediate arms embargo on the Myanmar military.
Sweden must suspend exports and licence production agreements with Indian arms manufacturers for launchers and munitions, and investigate if any of the Sandeep Metalcraft shipments to Myanmar contain Swedish technology.
Fellow members of the Quadrilateral Security Dialogue (the Quad), Australia, Japan and the USA, must use their influence to stop the flow of arms from India to the Myanmar military.
Sanctions must urgently be imposed on Creative Exploration, Sandeep Metalcraft, their owners and all other Myanmar military arms suppliers.
Justice For Myanmar spokesperson Yadanar Maung says: “India’s supply of fuzes to the Myanmar military is inexcusable.
“India is directly supporting the junta’s indiscriminate attacks against civilians by allowing the export of key components in the very weapons the military is using to commit war crimes and crimes against humanity.
“The junta has used airstrikes and shelling to bomb homes and villages, kill and maim people and forcibly displace an estimated 690,000, in a nationwide campaign of terror.
“As a democratic country and a neighbour of Myanmar, we appeal to the Indian government to stand with the people of Myanmar, not war criminals and their illegitimate junta.
“We call on India to impose an immediate arms embargo on the Myanmar military and end complicity in the junta’s atrocity crimes.
“It is deeply concerning that a Swedish company may be tied to the provision of weapons that are killing innocent people in Myanmar
“We demand Sweden immediately suspend exports and licencing of launchers and munitions until India stops the flow of arms to the terrorist junta.”
More information:
Read our investigation, India supplying fuzes to Myanmar military, deepening complicity in its atrocity crimes..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-07-15
[field_licence]
Type:
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Business and the Military, The Burmese military's role in the economy, Sanctions, Human Rights and international relations
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Title: Petronas, PTTEP, ENEOS, Mitsubishi Corp & Japan Gov irresponsibly exiting Yetagun gas project
Description:
"The Myanmar military junta has appointed Gulf Petroleum Myanmar (GPM) as operator of the Yetagun gas project, according to a Justice For Myanmar source with knowledge of the deal, and reporting from Myanmar Now.
The irresponsible divestment of Petronas and their partners will provide the Myanmar military junta with a continuing source of revenue, and heightens environmental risks from the decommissioning of the gas field, which is near depletion.
Petronas is the exiting operator of the Yetagun gas project, under a partnership with PTTEP and the ENEOS consolidated subsidiary, Nippon Oil Exploration (Myanmar). Other investors in Nippon Oil are the Japanese Government and Mitsubishi Corporation.
Friends of the Earth Japan, Justice For Myanmar and Mekong Watch have repeatedly called on Yetagun gas project investors to responsibly exit. This must involve taking appropriate steps to close the field in a way that would ensure future revenues do not flow to the Myanmar military, and that continued human rights and environmental impacts are avoided.
Consistent calls by civil society to sanction the military controlled Myanma Oil and Gas Enterprise (MOGE) have also gone ignored. To date, only the EU has imposed any sanctions on MOGE.
Who is Gulf Petroleum Myanmar?
GPM is a private oil and gas company backed by the Thai tycoon Chatchai Yenbamroong, who was an executive in the telephone directory business of former Thai Prime Minister Thaksin Shinawatra and an advisor to former Prime Minister Chavalit Yongchaiyudh.
Yenbamroong’s business links to the Myanmar military started as early as 1995, when he received a ten-year licence from the military controlled Myanma Posts and Telecommunications to publish the Myanmar Yellow Pages.
GPM is part of the Thailand-based Northern Gulf Petroleum group. Northern Gulf Petroleum is structured through shell companies in Bermuda, according to the GPM website, and has a holding company in Singapore. Chatchai Yenbamroong and Northern Gulf Petroleum have also established offshore companies in the British Virgin Islands, according to the Offshore Leaks database of the International Consortium of Investigative Journalists.
Bermuda, the British Virgin Islands and Singapore are corporate tax havens.
Northern Gulf Petroleum was established in 2004 to bid in the 19th round of oil exploration and production concessions during the Thaksin administration, Thai media has reported. The company won concessions despite Northern Gulf Petroleum’s lack of qualifications, awarded after Thaksin was deposed in a military coup in 2006. Yenbamroong has also invested in oil and mining companies in Canada and Australia.
GPM’s chair is Kyaw Kyaw Hlaing, who is the chair and director of SMART Group of Companies. It was first established in 1994, under Myanmar’s former dictatorship, servicing the military controlled petroleum industry. A second GPM director, Zarni Swe, is a director in subsidiaries of SMART Group of Companies.
GPM director Ni Lwin Soe serves on the board of a number of Yenbamroong’s companies, including Thaisat Global’s Myanmar unit, Northern Gulf Petroleum Myanmar Limited, and Myanmar Gulf LNG Company Limited.
On May 14, 2022, the illegitimate junta launched an invitation for bids for an operator and shareholder in the Yetagun Project with a May 20 deadline, in a rush to replace Petronas.
Other bidders included a company linked to the crony Shwe Byain Phyu group.
An industry source disclosed to Justice For Myanmar that GPM began taking over the project on May 31. Petronas is to complete the handover to GPM after the completion of its Acid Gas Removal Unit (AGRU) project. Petronas previously had a sales purchase agreement with GPM.
GPM did not respond to questions from Justice For Myanmar regarding the resumption of operations, contract terms and whether they will be working with any joint operators.
Justice For Myanmar spokesperson Yadanar Maung says: “Gulf Petroleum Myanmar’s takeover of the Yetagun gas project ensures the continued flow of funds to the Myanmar military junta, a terrorist organisation that commits war crimes and crimes against humanity with total impunity.
“Gulf Petroleum Myanmar and its directors and shareholders must be held accountable for aiding and abetting the military’s crimes.
“Their entry is enabled by the failure of the US, Japan and other governments to sanction the Myanmar military controlled Myanma Oil and Gas Enterprise.
“We call for urgent and coordinated sanctions to block the junta’s access to oil and gas revenues.
“Petronas, PTTEP and Nippon Oil are responsible for the human rights and environmental impacts of their disengagement from the Yetagun gas project.
“They must disclose their human rights and environmental due diligence, consult with the National Unity Government, civil society and affected communities, and remedy negative impacts.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-06-28
[field_licence]
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Description:
"Justice For Myanmar welcomes the UK’s second round of sanctions targeting arms dealers.
The UK has designated three Russian arms suppliers and three Myanmar arms brokers who supply the Myanmar Air Force and are complicit in the junta’s atrocity crimes.
The Myanmar companies are:
Myanmar New Era Trading Company Limited has procured Mi-17 parts from Russia since the military’s attempted coup. It is linked to International Gateways Group.
Sky Aviator Company Limited is a Myanmar miliary arms broker that has procured equipment from Russia and Ukraine since the attempted coup, including YAK-130 support equipment from Concern Radio-Electronic Technologies (KRET), refitted turbojet engines from United Engine Corporation and engine parts from Rosoboronexport and Motor Sich. According to a proposal leaked to Justice For Myanmar, Sky Aviator represents JSC Russian Helicopters in Myanmar.
Synpex Shwe Company Limited procured helicopter parts for the Myanmar military from Sins Avia Trading House (CNS Aviation) since the attempted coup. The company is also a supplier of the Directorate of Defence Industries.
The Russian companies are:
JSC Gorizont manufactures the Camcopter S-100 UAV under licence from Austria’s Schiebel Corporation. The Myanmar Navy and Air Force have both procured Camcopter S-100 UAVs. Following the Myanmar military’s attempted coup, Gorizont shipped UAV parts to Miya Win International Limited, a Myanmar military arms broker. These included items procured from Schiebel in Austria, suggesting an attempt to circumvent EU sanctions. Miya Win International was sanctioned by the UK on March 25.
Sins Avia Trading House LLC (CNS Aviation) exported helicopter parts to the Myanmar military arms broker Synpex Shwe Company Limited in March 2021.
Ural Avia LLC specialises in the supply of aviation parts and repair, and has sold Mi-17 parts to the Myanmar military arms broker Dynasty International Company Limited since the attempted coup, according to records from ImportGenius. Dynasty International and its director, Dr Aung Moe Myint, were sanctioned by the UK on March 25.
Justice For Myanmar spokesperson Yadanar Maung says: “We welcome the UK’s targeting of arms suppliers, which enable the junta’s campaign of terror against the people of Myanmar.
"The military’s continued war crimes and crimes against humanity are enabled by their access to arms, equipment, jet fuel and revenue.
"The military’s supply chains must be systematically targeted with sanctions to stop their international crimes.
"We call for urgent and coordinated international action against the Myanmar military’s economic interests and business relationships, including from regional democracies Australia, India, Japan and South Korea which have so far failed to act."..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-06-16
[field_licence]
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122.88 KB 178.91 KB
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Description:
"Burma Campaign UK today welcomed a new round of sanctions imposed by the UK. The new sanctions target three Burmese arms brokers and three Russian aircraft parts suppliers for supplying equipment to the Burmese military. Since the attempted military coup last year, the British government has led the way in systematically identifying and sanctioning sources of revenue and arms to the Burmese military.
The notice on new sanctions is available here.
However, the pace of the imposition of sanctions needs to be increased. They also need to be expanded to include the supply of aviation fuel to the military.
The new sanctions come days after the UN reported that the number of people forced to flee their homes since the attempted coup last year has reached almost 700,000. In several ethnic states the majority of displaced people are displaced by airstrikes or the threat of airstrikes. The total number of displaced people in Burma is now more than 1 million, the highest ever recorded figure.
The UN report is available here.
The Kachin Women’s Association Thailand (KWAT) recently released a new report, ‘New Threats from the Air’, highlighting the new and deadly trend of airstrikes over populated villages in Kachin State. KWAT calls for sanctions on companies supplying aviation fuel to the Burmese military.
The Kachin Women’s Association Thailand report is available here.
Amnesty International also released a new report last month, ‘“Bullets rained from the sky”: War crimes and displacement in eastern Myanmar’. The report also highlights the role of military airstrikes in violations of international law and calls for a ban on the supply of military grade aviation fuel to the Burmese military.
The Amnesty International report is available here.
The sanctions announced today target three Burmese companies involved in the supply of aircraft parts to the military, Synpex Shwe, Myanmar New Era Trading and Sky Aviator.
They also target three Russian companies supplying aviation parts to the military, Ural Avia, Sins Avia Trading House, and JSC Gorizont.
“The British government has the right sanctions policy but isn’t putting in enough resources to impose targeted sanctions fast enough,” said Anna Roberts, Executive Director of Burma Campaign UK. “There is a human rights and humanitarian crisis in Burma which needs a faster British government response. Stopping the supply of aviation fuel to the Burmese military is the single most effective action that can be taken to address the humanitarian crisis caused by airstrikes against civilians. It must be prioritized for the next round of sanctions.”..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-06-16
[field_licence]
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Description:
"Mobile operator Mytel, trading under the company Telecom International Myanmar Company Limited, is a key pillar in the Myanmar military’s business network providing revenue, technology and surveillance capabilities.
Telecom International Myanmar shareholders are the military conglomerate Myanmar Economic Corporation, Vietnam Ministry of National Defence-owned Viettel Global Investment and Myanmar National Telecom Holdings.
A Justice For Myanmar investigation based on leaked documents found that Mytel has aggressively recruited members of the Myanmar military through the “Banner of Victory” campaign, in which Mytel staff worked with base commanders to sign up military personnel with customised phone numbers that include an individual’s military ID number.
State officials and business leaders were also incentivised to sign up to Mytel through generous promotions, including ones that previously targeted the State Counsellor and ministers.
As Justice For Myanmar has documented, Mytel works in partnership with the Myanmar Army’s Directorate of Signals and builds infrastructure on military bases.
The company’s biggest shareholder, Viettel, is a high-tech arms manufacturer that is involved in tech transfer with the Myanmar military.
According to an analysis of a Myanmar Investment Commission proposal, released by Distributed Denial of Secrets, the Myanmar military is projected to earn over US$700 million in ten years from Mytel, which will finance continued war crimes and crimes against humanity.
Justice For Myanmar spokesperson Yadanar Maung says: “There is now extensive evidence of the complicity of Mytel in the Myanmar military’s international crimes.
“Mytel is putting the lives of Myanmar people at risk through the provision of revenue, technology and surveillance capabilities for the Myanmar military, which is a terrorist organisation.
“The people of Myanmar have taken a clear stand by boycotting Mytel and all other military products. It is time for international governments to hear the voices of Myanmar and designate Telecom International Myanmar for sanctions.
“More than 1,900 people have been murdered by the Myanmar military since the attempted coup, including children, and over 11,000 are languishing in detention, where torture is routine, according to the Assistance Association for Political Prisoners.
“The Myanmar military’s crimes are enabled by their business interests and action is needed now to stop the flow of funds to the military junta and its conglomerates.
“The Myanmar military cartel must be dismantled.”
Mytel provides the Myanmar military with dangerous surveillance capabilities over their own troops.
Since the illegal attempted military coup, courageous people’s soldiers and police have joined the civil disobedience movement, taking huge personal risk to leave the terrorist Myanmar military.
The Myanmar military can track the communications and location of these soldiers and police.
Justice For Myanmar urges military personnel joining the Civil Disobedience Movement to not discuss plans on the phone and destroy their SIM cards before defecting.
More information:
See Justice For Myanmar’s web feature on customer recruitment and surveillance, Leaking military secrets for profit
See Justice For Myanmar’s web feature, Boycott and coup attempt cost Mytel USD$24.9 million in three months
See Justice For Myanmar’s web feature, How hundreds of millions of dollars from Mytel subscribers will flow to military generals
See Justice For Myanmar’s report, Nodes of Corruption, Lines of Abuse: How Mytel, Viettel and a global network of businesses support the international crimes of the Myanmar military..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-06-14
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, The Burmese military's role in the economy, Sanctions - general
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"Lebanon’s M1 Group has transferred control of Telenor Myanmar to the Myanmar military linked Shwe Byain Phyu conglomerate on Thursday, May 12, completing Telenor Group’s sale of the mobile network.
The sale has violated UK, EU and Norwegian sanctions due to the inclusion of lawful interception technology.
In the final stage of the sale, the Cayman Islands registered M1 Infrastructure Ltd transferred 310 shares in Investcom Pte Ltd, a Singapore holding company, to Shwe Byain Phyu Telecom Company Limited, according to corporate records.
Investcom Pte Ltd owns 100% of Telenor Myanmar Limited, largely through redeemable preference shares.
Shwe Byain Phyu Telecom Company Limited is a Myanmar registered company, fully owned by Shwe Byain Phyu Company Limited.
As a result of the share transfer, Shwe Byain Phyu owns 80% of Telenor Myanmar, up from its earlier 49% stake
M1 Group is owned by the family of the current Lebanese Prime Minister, Najib Mikati.
Sanctions violations
As part of the sale, M1 Group transferred a German-made Utimaco lawful interception gateway (LIG) to Shwe Byain Phyu, in breach of UK sanctions on Myanmar, which are in force in the Cayman Islands as a British Overseas Territory.
The Utimaco LIG was delivered to Myanmar and installed by Telenor in 2018. Telenor Group then transferred the LIG to M1 Group in March 2022, violating Norwegian sanctions.
When activated, the LIG will give the Myanmar military junta, a terrorist organisation, capabilities to monitor calls and SMS made over the Telenor Myanmar network in real time.
The latest transaction between M1 Group and Shwe Byain Phyu follows the first stage of the sale from Telenor Group to an M1 Group subsidiary registered in Cyprus, in violation of EU sanctions due to the transfer of the LIG.
The sale has exposed the historical call data of more than 18 million people to the junta, which it can use to identify, locate, detain, torture and kill Myanmar people. This may make Telenor Group and the Norwegian government complicit in crimes against humanity.
Telenor Group failed to do human rights due diligence on their ultimate buyer, Shwe Byain Phyu, in breach of their responsibilities under the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises.
Telenor Myanmar’s new players
Shwe Byain Phyu chair Thein Win Zaw is the chairperson of the Telenor Myanmar Limited board, and his son, Win Paing Kyaw, is the deputy CEO. Thein Win Zaw’s wife, Tin Latt Min, also sits on the board. Other Telenor Myanmar board members are Hicham Ramadan and Rana Shatila of M1 Group.
Telenor Myanmar’s new CEO, Muhammad Ziaullah Siddiqui, sits on the board of Investcom Pte Lte, along with Rana Shatila, Thein Win Zaw, Win Paing Kyaw and Benjamin Szeto Yu Hwei.
From 2007-2010, Siddiqui was CEO of the telecommunications company MTN Afghanistan, according to his Linkedin page, at a time when the company was accused of paying protection money to the Taliban and Al Qaeda.
From 2010 to 2016, Siddiqui was CEO of MTN Sudan, providing a source of revenue to the genocidal al-Bashir regime.
MTN is a South African publicly listed company that acquired M1 Group’s Investcom in 2006. As part of the takeover, the Mikati family gained a 10% stake in MTN.
Justice For Myanmar calls on the UK, Cypriot and Norwegian governments to urgently investigate Telenor Group and M1 Group for violating sanctions on Myanmar.
We call on the Oslo Stock Exchange, which lists Telenor, to investigate the legality of Telenor’s Myanmar sale under Norwegian and EU law.
We call on Singapore to investigate the use of its territory by Telenor Group, M1 Group and Shwe Byain Phyu in violation of UK, EU and Norwegian sanctions, and to take concrete steps against Singapore registered businesses that are complicit in the Myanmar military’s international crimes.
Justice For Myanmar spokesperson Yadanar Maung says: “It is reprehensible that Telenor Group and the Norwegian government have completed the sale of Telenor Myanmar to Shwe Byain Phyu Group, wilfully ignoring sanctions regulations and their human rights responsibilities.
"The junta has weaponised telecommunications in its campaign of terror, and Telenor Myanmar is now part of its arsenal.
"We call on the UK, Norway and Cyprus to investigate sanctions breaches from the transfer of lawful interception technology from Telenor to M1 Group, and from M1 Group to Shwe Byain Phyu, and ensure accountability.
"The fact that this transaction has taken place in Singapore yet again shows how its financial system is being exploited by the Myanmar military and their associates. Singapore must take concrete action to end the use of its territory to finance and arm the Myanmar military.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-05-16
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, The Burmese military's role in the economy, 2021 Burma/Myanmar coup d'état
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"Since 1 Feb 2021, international governments have dragged their feet in responding
to the Burma crisis. The junta has been allowed to continue its destruction, and
brutality against the people of Burma, supported by international revenue flows.
During 1 Jan–22 Apr this year, there were 4,971 armed clashes and attacks on
civilians in Ukraine. While this exceeded the 3,310 in Burma over the same period,
the state of conflict in Burma has now gone on for 15 months and involved at least
10,962 clashes and attacks.
In the face of Russian aggression and atrocities in Ukraine, the international
community has used its tremendous power to dissuade Russia from continuing.
However, despite recognizing the urgency of protecting civilians, the international
community has not gone nearly far enough in responding to the Burma crisis.
The international community’s response to the invasion of Ukraine is stunning
evidence of what is possible given sufficient political will. The failure of the
international community—particularly powerful governments of the global north—
to ramp up actions to halt the junta will hurt tens of millions of people and
strengthen accusations of double standards in civilian protection. In order to stop
suffering and restore democracy in Burma:
o The US, EU, and others must act to effectively halt the flow of foreign exchange
revenue to the illegal junta, to reduce its ability to attack civilians; the junta
remains unrecognized as the government and is therefore not entitled to these
revenues. This includes sanctioning Myanmar Oil and Gas Enterprise (MOGE),
Myanmar Foreign Trade Bank (MFTB), and Myanma Investment and Commercial
Bank (MICB) to prevent the junta from using export profits to arm itself for its
crackdown on the people of Burma. There must also be a global arms embargo.
o The US, EU, and others must comprehensively address the humanitarian crisis
resulting from the junta’s violence, blocking of humanitarian aid, and gross
economic mismanagement. As a first step, work needs to begin immediately to
ensure aid is delivered to communities based along the country’s western and
eastern borders, which have been disproportionately affected.
o The US, EU, and others must take the necessary steps to ensure that the
perpetrators of atrocity crimes in Burma are held accountable, including by
referring the junta’s actions to the ICC and backing the National Unity
Government (NUG) declaration accepting the jurisdiction of the court..."
Source/publisher:
Blood Money and ALTSEAN-Burma
Date of entry/update:
2022-05-11
[field_licence]
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"Activists are urging US President Joe Biden to impose sanctions on Myanma Oil and Gas Enterprise (MOGE), which provides a financial lifeline to Myanmar’s junta. The European Union imposed sanctions on the firm in February.
More than 637 domestic organizations, including protest committees, labor unions, women’s rights and educational groups and over 220,000 individuals signed an open letter to Biden, according to the Blood Money Campaign (BMC), which lobbies to financially isolate the junta.
The BMC called on Biden to listen to Myanmar’s people and sanction MOGE.
“The United States, it is time to stop protecting democracy only with words,” said Ko Ye, a BMC spokesman.
The group reported that the junta seized around US$1.5 billion in gas revenue from state bank accounts after the 2021 coup to fund genocide and murder.
“We don’t ask the US to provide weapons. We only ask the US to stop paying the fascist regime for natural resources,” Ko Ye said.
MOGE has been a lifeline for military governments for decades and an estimated 50 percent of foreign currency came from natural gas and Myanmar earned around $1.5 billion from oil and gas in the 2020-21 financial year, according to pre-coup forecasts.
The campaign urged the Biden administration to stop gas revenues reaching the junta by working with allies in Thailand and South Korea to divert income to accounts held until the civilian National Unity Government is recognized.
It said gas companies and banks which traded with the junta should face money-laundering charges. It said the junta-controlled Myanma Foreign Trade Bank should face sanctions for money laundering.
International oil and gas firms like Total, Chevron and Woodside left Myanmar after the coup but the junta’s investment minister Aung Naing Oo said only 10 percent of Myanmar’s oil and gas investment came from the three firms and their withdrawal did not impact the economy. China, the largest source, provides around 27 percent of oil and gas investment.
Human rights organizations are urging Total not to pay the junta about $250 million it owes Myanmar.
Since the coup in February last year, the regime has killed more than 1,800 people and it uses airstrikes, artillery, arson attacks, extrajudicial killings and arbitrary arrests against civilians..."
Source/publisher:
"The Irrawaddy" (Thailand)
Date of entry/update:
2022-05-11
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, Oil and gas, The Burmese military's role in the economy
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Description:
"Through ongoing defence and military cooperation, it is likely that ASEAN is aiding and abetting the Myanmar military’s atrocity crimes, a Justice For Myanmar investigation has concluded.
ASEAN’s defence program, detailed by Justice For Myanmar, has allowed the Myanmar military to participate in meetings, training, intelligence exchanges, arms production, R&D, cyber security, and education, under the ASEAN Defence Ministers’ Meeting (ADMM) umbrella.
The Myanmar military’s involvement in ADMM has supported it to build its capabilities, access arms, find sources of revenue, seek international legitimacy, develop content for propaganda purposes, and forge bilateral military ties with ASEAN members and regional powers.
ASEAN has been engaging with the Myanmar military, knowing that it has repeatedly violated international human rights and humanitarian law.
Since the Myanmar military began an illegal attempted coup on February 1, 2021, ASEAN has allowed it to join defence sector activities, including as co-chair of the bloc’s ADMM-Plus Experts’ Working Group on Counter Terrorism with the Russian regime.
As the region’s key intergovernmental organisation, ASEAN could help prevent the Myanmar military’s commission of atrocity crimes. Yet it has not only repeatedly failed to take action, but is complicit in those crimes by providing support and legitimacy to the Myanmar military.
The central role ASEAN plays in the Indo-Pacific region has also impeded coordinated international action to stop the Myanmar military’s international crimes, and facilitated the illegitimate junta’s defence engagement with regional democracies Australia, India, Japan, South Korea, New Zealand and the USA, through ADMM-Plus.
Justice For Myanmar spokesperson Yadanar Maung says: “ASEAN has utterly failed to uphold international human rights and humanitarian law.
“ASEAN knows full well that the Myanmar military committed genocide against the Rohingya, continues to commit war crimes and crimes against humanity, and staged an attempted coup.
“ASEAN cannot plead ignorance about the crimes that the military is committing, its undermining of democracy and brutal attack on the people of Myanmar.
“Yet its response has been to provide practical assistance, encouragement and support to the military as it terrorises the people of Myanmar.
“ASEAN’s Five-Point Consensus has not only utterly failed to resolve Myanmar crisis but enabled the bloc’s status quo of complicity with the terrorist junta who created the crisis.
“Justice For Myanmar calls on ASEAN to immediately change course, exclude the illegal Myanmar and work with the NUG to resolve the Myanmar crisis.
“ADMM-Plus countries must stop hiding behind ASEAN and take immediate steps to end the bloc’s complicity in the Myanmar military’s atrocity crimes.
“As the US hosts the US-ASEAN Special Summit, it must commit to end its multilateral engagement with the terrorist junta and demand ASEAN stop aiding and abetting the Myanmar military’s atrocity crimes.
“We call on the US to boycott ASEAN events that include the illegal junta, including the defence maritime security working group that it co-chairs.”
Justice For Myanmar calls for the following urgent action:
ASEAN
Exclude the Myanmar military junta from all meetings and activities.
Recognise the National Unity Government as the legitimate government of Myanmar, and work with it to resolve the Myanmar crisis.
Take concrete action to end the Myanmar military’s violence against the Myanmar people.
Create an ASEAN sanctions framework, and encourage ASEAN members to impose an arms embargo and targeted sanctions on the Myanmar military and its business interests.
Cooperate with UN Member States to impose a global arms embargo on Myanmar and to refer the Myanmar situation to the International Criminal Court through the UN Security Council.
ADMM-Plus countries (Australia, China, India, Japan, South Korea, New Zealand, Russia and the USA):
Call on ASEAN to exclude the Myanmar military junta from all meetings and activities, and end the Myanmar military’s violence against the Myanmar people.
Recognise and support the National Unity Government as the legitimate government of Myanmar, and work with it to resolve the Myanmar crisis.
Urge ASEAN to recognise the National Unity Government and work with it to resolve the Myanmar crisis.
Boycott ASEAN meetings and activities that include the Myanmar military junta.
Impose an arms embargo and targeted sanctions against the Myanmar military and its business interests.
Cooperate with UN Member States to impose a global arms embargo on Myanmar and to refer the Myanmar situation to the International Criminal Court through the UN Security Council..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-05-10
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, The Burmese military's role in the economy, 2021 Burma/Myanmar coup d'état, ASEAN-Burma relations
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"Min Aung Hlaing has launched Myanmar Radio and Television (MRTV) propaganda apps on Apple’s App Store and Alphabet’s Google Play Store, as well as a website, using Google and Apple logos as his backdrop.
The MRTV apps were developed by the US company Apps Web Social LLC, which listed them on the App Store and Play Store on behalf of the junta.
The apps are claimed to livestream broadcast content via international satellites, and distribute articles.
Apps Web Social LLC is registered in Iowa and has an office in Florida.
The Myanmar military junta uses MRTV to disseminate propaganda, disinformation and fake news, including regular content representing democratic actors as “terrorists” and publishing photos of torture victims to spread fear.
MRTV was also complicit in the 2017 genocide against the Rohingya, denying Rohingya identity, portraying Rohingya as “terrorists” and denying the military’s “clearance operations”.
MRTV operates under the junta’s Ministry of Information, led by retired Major General Maung Maung Ohn, who is sanctioned by the EU.
Maung Maung Ohn was the former Chief Minister of Rakhine State under the military’s proxy Union Solidarity and Development Party government in the lead up to the Rohingya genocide, and played a prominent role denying persecution against Rohingya.
The junta’s State Administrative Council (SAC), which has control over MRTV, is sanctioned in the US, raising questions over whether Apps Web Social has complied with US sanctions.
The junta’s former information minister, Chit Naing, was sanctioned by the US on July 2, 2021, shortly before he was replaced by Maung Maung Ohn.
The registrar for the junta’s new domain name, mrtvmedia.com, is GoDaddy.com, also a US company.
The junta’s apps carry serious privacy risks, enabling the military to track a user’s precise location, record audio and take photos and video, according to its listed Play Store permissions.
Apple and Alphabet have long allowed the Myanmar military to use their platforms, and are both listed on the Burma Campaign UK’s Dirty List.
Justice For Myanmar spokesperson Yadanar Maung says: “By continuing to allow the terrorist Myanmar military junta to use their platforms, Alphabet and Apple stand complicit in the junta’s dissemination of disinformation and hate speech.
“We call on Alphabet and Apple to immediately and fully ban the Myanmar military, and all entities they control, from their app stores and service offerings.
“Alphabet, Apple, GoDaddy.com and App Web Social must take action to stop contributing to human rights violations in Myanmar, according to their responsibilities under the UN Guiding Principles on Business and Human Rights, and the OECD Guidelines.
“We condemn Apps Web Social for supporting and profiting from the junta’s campaign of terror, in which MRTV is a key part of the psychological warfare that the Myanmar military is waging against the people of Myanmar.
“Apps Web Social should disclose how they are receiving payments for their work on the MRTV apps, and if they have received a licence from the US Treasury’s Office of Foreign Assets Control.
“We urge the US government to close all remaining loopholes that may allow the Myanmar military junta and its conglomerates to transact with US companies, including through further sanctions designations against MRTV, all other junta-controlled media and Maung Maung Ohn.”
Update (May 5, 2022): Apps Web Social has removed the MRTV app from the Play Store and App Store. Other Myanmar military apps remain on Alphabet and Apple platforms, and we reiterate our call for a ban..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-05-05
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"Russian companies supplying arms to the Burmese military should face sanctions.
Russia is probably the biggest supplier of arms to the Burmese military. Russia has also hosted several military delegations since the attempted coup last year, organised trade and economic delegations, and has fiercely defended the military at the United Nations Security Council.
“At the same time as Russia says the international community should not interfere in the internal affairs of Burma, Russia is interfering more than any western country ever has,” said Anna Roberts, Executive Director of Burma Campaign UK.
Where other countries have intervened at the request of the people of Burma to promote human rights and democracy, Russia has intervened on the side of the military to help them commit human rights violations and deny democracy to the people of Burma.
Activists from Burma have told us that just because Russia is unlikely to stop arming the Burma military does not mean they shouldn’t be called out for what they are doing.
Putin is complicit in the violations of international law committed by the Burmese military, as they are using equipment Russia has sold to them. Russia is in receipt of money stolen from the people of Burma to pay for those weapons.
“The same Russian jets bombing Ukraine have been sold to the Burmese military and are used for bombing civilians,” said Anna Roberts. “Just as Russian companies have been sanctioned following the invasion of Ukraine, Russian companies involved in the supply of arms to the Burmese military should also face sanctions.”..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-05-04
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"The head of Russian truck giant Kamaz visited Myanmar last week for talks with the terrorist Myanmar military junta to produce trucks in Myanmar, and will finalise an agreement by June.
Kamaz was part of a delegation from Russia’s Republic of Tatarstan, led by its president, Rustam Minnikhanov.
Russian investment will further aid and abet the junta’s atrocity crimes.
Kamaz General Manager, Sergey Kogogin, joined talks with junta head and war criminal Min Aung Hlaing, and the junta’s investment minister, Aung Naing Oo.
Sergey Kogogin has been recently sanctioned by the UK and Australia, while Kamaz has been sanctioned by Australia and the EU, in response to Russia's invasion of Ukraine.
The Russian military used Kamaz trucks to invade Ukraine.
Kamaz is a supplier of the Myanmar military. It transferred seven military trucks to Myanmar in 2020 and the company manufactures the trucks used to mount the Pantsir-S1 surface-to-air missile system, which the Myanmar military ordered in January 2021.
Junta head Min Aung Hlaing visited Kamaz during a trip to Tatarstan in June 2021, with a delegation of more than forty people.
Kamaz’s biggest shareholder is Russia’s state-owned arms conglomerate Rostec.
Germany’s Mercedes-Benz owns 15% of the company, on behalf of Daimler Truck.
Daimler Truck has a joint venture with Kamaz, but froze cooperation following Russia’s invasion of Ukraine.
As investors, Mercedes-Benz and Daimler Truck must clarify the steps they have taken to end Kamaz’ business with the Myanmar military, according to their human rights responsibilities, following the Rohingya genocide and the military’s coup attempt.
Tatarstan’s President Minnikhanov has a longstanding relationship with Min Aung Hlaing, and is promoting multiple business-links with the Myanmar military.
His April trip included representatives from Rostec subsidiary Kazan Helicopters, which supplies helicopters to the Myanmar Air Force; engineering company Ker-Holding, which is involved in the Pang Pet steel plant, a project of military conglomerate Myanmar Economic Corporation; and naval shipbuilder JSC Zelenodolsk Plant.
Justice For Myanmar spokesperson Yadanar Maung says: “Minnikhanov and Kogogin’s visit to Myanmar show that the Russian regime’s links to the terrorist Myanmar junta are deepening.
“The visit comes as sanctions are rolled out against Russian businesses following the unprovoked invasion of Ukraine, while the international response to the military’s coup attempt remains weak and uncoordinated.
“While it is positive that Australia has sanctioned Kamaz and Sergey Kogogin, they have not imposed any sanctions in response to the military’s illegal coup attempt.
“Developing business ties will provide future revenue and embolden the Russian regime, the Myanmar junta and their business associates.
“Increased access to military vehicles and truck manufacturing capabilities will aid the Myanmar military’s campaign of terror, as it commits mass killings, torture, rape, forced displacement and the destruction of whole villages.
“We demand urgent international action against the Myanmar military junta and its business interests, including targeted sanctions and a global arms embargo.
“Russia is committing atrocities in Ukraine, while also aiding and abetting the Myanmar military junta’s atrocities.
“We call on the international community to impose further sanctions on Russia for its complicity with the Myanmar military’s international crimes against the people of Myanmar, including against Kamaz, Rustam Minnikhanov and Sergey Kogogin.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-05-02
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Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Business and the Military, Sanctions, The Burmese military's role in the economy
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"Two years since the launch of Justice For Myanmar, the movement to dismantle the military cartel has gained momentum. The people are winning.
Shop-owners and consumers are boycotting military products, hitting the military’s bottom-line and sending a strong message that resistance to the terrorist junta is everywhere.
The Myanmar Beer, Red Ruby and Mytel brands have been irreparably harmed, and will be forever remembered as a resource that war criminals use to enrich themselves and finance the bombs and bullets they use to murder the people of Myanmar.
Activists and journalists in Myanmar and around the world are tirelessly exposing nodes in the Myanmar military’s business network, pressuring companies, and their investors, to cut ties.
International companies divesting from the military cartel over the last year include Kirin Holdings, the Japanese beer giant partnered with military conglomerate Myanma Economic Holdings Limited (MEHL); Adani Ports, which is building a container terminal on land leased from Myanmar Economic Corporation (MEC); Emerging Towns and Cities Singapore, operator of the Golden City development on land leased from the Myanmar Army’s Quartermaster General; and the oil majors TotalEnergies, Chevron, ENEOS Holdings and Mitsubishi Corporation are withdrawing from gas projects that make up the junta’s biggest source of foreign revenue. But many companies remain.
While these withdrawals are a victory for the Myanmar people’s struggle against the terrorist junta, more work is needed to pressure companies to responsibly disengage, in consultation with the National Unity Government, and immediately cease all payments to military-controlled entities.
In the last year, investors have listened to the voices of the people of Myanmar and divested from businesses that continue to enable the junta’s campaign of terror. For instance, Australia’s Future Fund has divested from arms manufacturer AVIC, while Nordea Asset Management and the Dutch fund PFZW have divested from Indian arms manufacturer Bharat Electronics. Denmark’s P Plus has divested from KOGAS and Lotte Corporation and is continuing to engage with other businesses linked to the terrorist junta.
Targeted sanctions have also expanded in Canada, the EU, UK and USA to cover crony conglomerates and arms dealers, including Htoo Group, IGE, Kyaw Thaung Group, Dynasty International, International Gateways Group, Myanmar Chemical & Machinery and Miya Win. After a global campaign, the EU sanctioned Myanmar Oil and Gas Enterprise (MOGE).
More must be done to deny the terrorist junta revenue and arms, and dismantle the military cartel. But the will of the people will overcome the junta’s campaign of terror.
We will continue to struggle as part of a global movement for a federal democracy in Myanmar, to end the systemic causes of inequality, corruption, violence and atrocity crimes, until the cartel is dismantled..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-04-28
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"Star Sapphire Group of Companies, a crony conglomerate linked to the family of junta leader Min Aung Hlaing, plays a key role in brokering arms deals for the Myanmar military and operates businesses with the Myanmar military and its conglomerate, Myanma Economic Holdings Limited (MEHL).
Star Sapphire Group is controlled by Dr Tun Min Latt and his wife Dr Win Min Soe, who have a longstanding partnership with the prominent Thai businessperson Upakit Pachariyangkun, now a senator.
Leaked documents show that Tun Min Latt has brokered arms deals with major Israeli and Chinese companies, including Elbit Systems, Israel Shipyards, Israel Aerospace Industries and NORINCO, aiding and abetting the Myanmar military’s atrocity crimes against the people of Myanmar.
Tun Min Latt has built his business through decades-long corrupt deals with the Myanmar military.
Tun Min Latt is the son of former air force lieutenant colonel Khin Maung Latt, who was director-general of the Ministry of Hotels and Tourism under the former military junta.
In 1999, in his role as director-general of the Ministry of Hotels and Tourism under the former military junta, Tun Min Latt’s father, Lt Col Khin Maung Latt, signed a deal to build Allure Resort, an illegal casino in Tachilek, a town bordering Thailand.
Tun Min Latt was a beneficiary of the deal, developing and operating the casino with Upakit Pachariyangkun.
In November 2017, the Ministry of Hotels and Tourism, under the National League for Democracy, handed the casino to the Myanmar Army’s Office of the Quartermaster General, diverting the state’s 6% share of profits away from the Union Budget, hidden from parliamentary scrutiny.
The Allure Resort, and its connection to Star Sapphire’s wider network of business interests, raise serious money laundering and illicit financing concerns.
In 2013, under the military-backed Union Solidarity and Development Party (USDP) government, Tun Min Latt signed a build-operate-transfer deal to develop Hotel Dawei, on land owned by the Ministry of Home Affairs.
Lease payments continue to provide a source of revenue to the junta’s home affairs ministry, which is responsible for the Myanmar Police Force.
Since the military’s February 2021 coup attempt, the Myanmar Polce Force has committed atrocity crimes, including deliberate killings and torture of democracy activists.
In ethnic areas of south-eastern Myanmar, Star Sapphire subsidiaries have operated mines under profit sharing arrangement with the military since 2001, helping to fund the military’s grave human rights violations and destroying the environment.
One of Star Sapphire’s mining companies, Royal Mawtaung Mining (formerly Star Thiri Investment), was co-founded by Khin Thiri Thet Mon, the daughter of junta leader and war criminal Min Aung Hlaing. No public information was found regarding its activities.
In the energy sector, Star Sapphire Group’s Myanmar Business Consultant Group is the local partner of the Hong Kong-listed company VPower Group and the Chinese state-owned firm China National Technical Import and Export Corporation (CNTIC) in a liquified natural gas project involving MEHL.
Myanmar Business Consultant Group channels funds to MEHL for the land and will transfer the facility to MEHL at the end of the lease, providing the military with a lucrative future asset.
In Tanintharyi Region, Star Sapphire is developing a 200 MW combined cycle power plant with United Power of Asia, a Thai publicly listed company associated with Tun Min Latt and Upakit Pachariyangkun.
Justice For Myanmar spokesperson Yadanar Maung says: “Tun Min Latt and his associates have spent decades enriching themselves through the Myanmar military’s systemic corruption.
“They have provided the military with both revenue and arms that have fuelled atrocity crimes against the people of Myanmar, and are therefore complicit in those crimes.
“The military junta is a terrorist organisation that continues to commit international crimes with total impunity, including deliberate killings, indiscriminate airstrikes and shelling, torture, arbitrary detention and rape.
“Urgent targeted sanctions must now be imposed against Dr Tun Min Latt, Star Sapphire Group of Companies and their directors and shareholders.
“Tun Min Latt has used Thailand as a base for illicit business activities, including operating an illegal casino with Upakit Pachariyangkun and the Myanmar army, and banking with Siam Commercial Bank. This must stop.
“As a senator, Upakit Pachariyangkun's business dealings with Tun Min Latt and the Myanmar military require public scrutiny.
“We urge Thai civil society to take action and ensure Upakit is held accountable for his corrupt business dealings and complicity in the Myanmar military’s international crimes.
“Tun Min Latt's use of Thailand and Singapore for his business with the Myanmar military is yet another case of ASEAN's failed five-point consensus, one year on, continuing to enable military-linked business.
“ASEAN’s failed “consensus” has only served to block and delay effective action from the UN and international community, while conflicts of interest within ASEAN governments embolden the junta to continue its terror campaign against the people.
“The international community must stop hiding behind ASEAN and impose targeted sanctions and a global arms embargo to block the flow of arms and funds to the terrorist junta, and to support the Myanmar people's Spring Revolution.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-04-26
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, The Burmese military's role in the economy, 2021 Burma/Myanmar coup d'état
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168.66 KB 163.98 KB
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"Finnish technology giant Wärtsilä Corporation has won bids for two tenders from the illegitimate military-controlled Electric Power Generation Enterprise (EPGE), for the construction and operation of two hybrid gas and solar power plants in Myingyan and Magway.
The tender was announced by EPGE in December 2021, with a February 2022 deadline. EPGE is based in Naypyidaw, under the Ministry of Electricity and Energy.
Wärtsilä won both tenders as part of a consortium with the Chinese corporation Dongfang Electric International Corporation and Myanmar Chemical and Machinery (MCM).
MCM is a major arms dealer that is also involved in the production of weapons in Myanmar, in partnership with the Directorate of Defence Industries.
On March 25, 2022, MCM was sanctioned by Canada, the UK and US. In its sanctions announcement, the UK government described MCM as “a key source of weapons and commercial support for the junta” and MCM Managing Director, Aung Hlaing Oo, as “an associate of Commander-in-Chief and coup leader, Min Aung Hlaing”
Within the tender, MCM is represented by its Singapore subsidiary MCM Pacific Pte. Ltd. and a Myanmar subsidiary, MCM Energy Ptd. Ltd.
Days after the sanctions announcement, MCM Energy changed its name to Malikha Energy, which may be an attempt to circumvent sanctions.
Aung Hlaing Oo left the company in December 2021, after JFM published an investigation on his involvement in the arms trade.
Malikha Energy continues to use the MCM Group email as its registered contact.
Aung Hlaing Oo remains director and controlling shareholder of the Singapore company.
Following the imposition of sanctions on MCM, a spokesperson from Wärtsilä Corporation told Justice For Myanmar, “we have ceased with immediate effect all business activity or partnership involving MCM and its affiliates. In line with the rest of the international community, Wärtsilä remains committed to the reliable and affordable development of electrification of Myanmar. In this respect, we will maintain our engagement with EPGE provided that EPGE remains free from sanctions as it is today.”
Wärtsilä refused to explain how they were able to remove MCM from the consortium for the Myingyan and Magway power projects. The corporation also refused to respond to questions regarding human rights due diligence in Myanmar, and whether they had sought advice from the Finnish government regarding their participation in junta tenders.
Since its illegal attempted coup, the junta has targeted Myingyan and Magway with indiscriminate airstrikes and shelling, and troops have committed mass killings and rape.
Wärtsilä Corporation is listed on the Finnish stock exchange, Nasdaq Helsinki. Its biggest shareholder is Sweden’s Wallenberg family.
Justice For Myanmar spokesperson Yadanar Maung says: “Wärtsilä is seeking profits from the junta that carries out atrocity crimes with total impunity.
The Myanmar junta is a terrorist organisation that is using the electricity supply as a strategic tool in its attempt to take full control over the country.
Power cuts have been imposed as a collective punishment and masses of people continue their defiance against the military by refusing to pay their electricity bills.
While Wärtsilä has responded to the sanctioning of their partner MCM by ending their business relationship, we remain concerned that they are not disclosing how they have cut out their sanctioned business partner, immediately after winning two tenders with them.
The fact that Wärtsilä entered into a business partnership with a major Myanmar military arms dealer in the first place raises serious concerns about their human rights due diligence.
We call on Wärtsilä to be transparent, fulfil their human rights responsibilities, follow the guidance of the National Unity Government and withdraw from the Myingyan and Magwe power projects, without providing a windfall to MCM or the junta.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-04-20
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"12 April 2022: Australian, Indian and Saudi Arabian Ambassadors should be deeply ashamed of holding meetings with the leader of the illegal military junta in Myanmar while his forces beat civilians to death, burned villages to the ground and abducted children, says the Special Advisory Council for Myanmar (SAC-M).
The people of Myanmar have been resisting a violent attempt by the Myanmar military to seize power over their country since it launched a coup in February 2021. Civil disobedience, strikes, protests and armed resistance prevented the coup from succeeding, while vast areas of the country are under the territorial and administrative control of groups that recognise the authority of the legitimate National Unity Government of Myanmar.
Despite this, Ambassadors to Myanmar, including the Australian and Indian Ambassadors, prematurely held meetings with the leader of the junta, Min Aung Hlaing. The official engagements were used as propaganda by the junta leader in his ongoing attempt to gain domestic legitimacy. India, Australia and Saudi Arabia have resisted calls to impose personal sanctions on Min Aung Hlaing and other junta leaders like those imposed by the UK, US, EU and Canada. The members of SAC-M have been calling for Min Aung Hlaing to be prosecuted for genocide since 2018.
“The Myanmar people are engaged in an all-out struggle to defend themselves and their democracy from an internal occupying force that is intent on forcing them to succumb to authoritarianism,” said Yanghee Lee of SAC-M. “Foreign Ambassadors and other government representatives that choose to meet with the leader of that occupying force as if he is leader of Myanmar, might as well turn their backs on the Myanmar people altogether.”
Untold sacrifices have been made by the Myanmar people in their struggle. Thousands have been murdered and almost half a million people displaced as junta forces continue to wage a brutal campaign of terror involving mass murder, torture, arson, sexual and gender-based violence, enforced disappearance and arbitrary detention.
The junta continues to launch devastating airstrikes on civilian targets including displacement camps, schools, hospitals and places of worship while on the ground its troops commit regular massacres of unarmed civilians that have included the burning alive of children.
“The junta is waging a war against the people. The atrocities are not side effects of the conflict but part of a deliberate assault on the population,” said Marzuki Darusman of SAC-M. “If the world truly stands for the rule of law, the principles of humanity and the fundamental right of all peoples to determine their own future, then equal action must be taken to defend those values wherever they are under threat – not hypocritical complicity with the very villains that would seek to stamp them out.”
The National Unity Government should be recognised as the legitimate government of Myanmar, according to internationally accepted criteria. SAC-M is calling for the international community to recognise the National Unity Government and work with it to end the crisis in Myanmar, to cut the supply of arms and cash to the illegal military junta and to refer the situation in Myanmar to International Criminal Court.
“The people of Myanmar will succeed in this fight for their country and their freedom,” said Chris Sidoti of SAC-M. “The question is, how will history judge the rest of the world when the records of these years are written?”..."
Source/publisher:
Special Advisory Council for Myanmar
Date of entry/update:
2022-04-12
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Anti-coup protesters, Business and the Military, Sanctions, Human Rights Defenders
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"The NUG and the people of Myanmar welcome the new sanctions by the US, Canada and the UK. We know in these trying international times that it is easy for countries to forget about a place like Myanmar and focus on the atrocities in Ukraine. While we stand with the people of Ukraine and the West, we are heartened to be reminded that they also stand with us.
On March 25th the UK, Canada and the US imposed sanctions focused on private companies involved in the supply of arms and equipment to the junta, in particular the air force.
These sanctions against the people who provide support to the military are especially important as the junta in Myanmar remains as one of Russia’s main allies and supporters in its aggression on Ukraine. As often as they can, they use the money they steal, sometimes by violent or bloody means, from the people to give to Russia in exchange for further weapons they can use for the citizens of Myanmar.
The military remains firm in its goal to kill or subjugate every human being within Myanmar. Their goal of a slave state of 54 million people has not abated. We must all hold firm against them and return democracy into the hands of the people..."
Source/publisher:
Dr. Sasa via Ministry of International Cooperation Myanmar
Date of entry/update:
2022-03-30
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Individual Documents
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23.89 KB
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Sub-title:
Betting on ASEAN’S Fruitless Diplomacy Undermines International Action
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"Days after the Myanmar military coup on February 1, 2021, the Japanese and Australian governments publicly “confirmed” they would “closely coordinate together regarding the situation in Myanmar.” Since then, they have repeatedly expressed “grave concerns” about human rights abuses in Myanmar while pledging to “work together closely.”
On March 3, Australia adopted new regulations that give it the ability to sanction Myanmar entities and individuals connected to the junta. This is long overdue given that in the past year Myanmar’s military has killed 1,700 people and arbitrarily arrested thousands. Sadly, it’s still an open question whether Australia or Japan will do much more than continue to talk tough and do little about the region’s deepening human rights crisis.
The two regional partners have taken some small steps on Myanmar. Japan issued statements condemning the coup and froze new non-humanitarian aid, while its Diet passed a resolution calling for the restoration of a democratic system. Similarly, Australia redirected its aid program away from junta-related entities and suspended its defense cooperation with Myanmar. A parliamentary committee examining Australia’s response to the coup urged the government to further pursue the restoration of civilian rule as a foreign policy objective.
However, Tokyo and Canberra have failed to coordinate with democratic allies such as the United Kingdom, United States, European Union, and Canada in taking further concrete action to pressure the Myanmar military, or Tatmadaw. Rather than imposing targeted sanctions on military leaders and military-owned entities, as the four allies have done, Japan and Australia have effectively bet all their chips on the Five-Point Consensus of the Association of Southeast Asian Nations (ASEAN) and the principle of “ASEAN centrality.” It’s been a losing bet.
Since ASEAN released its five-point consensus last April, there has been no progress on any of the listed issues. The junta has been unwilling to meet even ASEAN’s low bar, and instead has exploited the international community’s deference to ASEAN to keep delaying any substantive action. Meanwhile, Tokyo and Canberra conveniently hide behind the ASEAN fig leaf, refraining from enacting targeted sanctions, and thus undermining the international community’s efforts to hold the Tatmadaw accountable for its atrocities.
In late March 2022, Cambodia’s foreign minister and ASEAN’s special envoy, Prak Sokhonn, met Myanmar military leader Min Aung Hlaing to advocate for the five-point consensus, including a ceasefire. However, Prak Sokhonn himself claimed there was little progress. Myanmar’s junta barred Sakonn from meeting with Aung San Suu Kyi and other imprisoned leaders of the National League for Democracy party, which won the November 2020 election in a landslide.
In January, the United Nations high commissioner for human rights, Michelle Bachelet, said that “the actions taken by the U.N. Security Council and by ASEAN have been insufficient to convince Myanmar’s military to cease its violence.” Tokyo and Canberra should heed her call.
Since early 2021, Japan’s ruling and opposition lawmakers have discussed passing a U.S. Magnitsky-style law, which would allow the Japanese government to sanction violators of international human rights outside of the country. Late last year, Prime Minister Kishida Fumio said he will continue to “consider” such a law. Lawmakers have also advocated using the Foreign Exchange and Foreign Trade Act, predominantly used to sanction human rights violators in response to U.N. Security Council resolutions.
But the Japanese government remains passive about imposing sanctions. Last April, then-Foreign Minister Motegi Toshimitsu disparaged the idea of coordinating with other countries to sanction Tatmadaw leaders, claiming without evidence that it would not lead to a “productive outcome.”
Australia, meanwhile, passed the Autonomous Sanctions Amendment Act in late 2021, enabling the government to impose targeted financial sanctions and travel bans. The government said that the new law will allow it to “respond more flexibly and swiftly to a range of situations of international concern, including in collaboration” with Australia’s close allies and partners when in the national interest. Despite pressure from civil society groups and opposition politicians, the government has been unwilling to use the new measures against the Myanmar junta.
The Australian government has said that Myanmar’s junta is “impervious” to international pressure and that sanctions would provide “very little, if any, positive impact to the people on the ground.” But this ignores calls by Myanmar’s people for targeted sanctions and the tangible role that sanctions played in the previous decade in pressuring the military to embark on the reform process. In their decision to embrace Myanmar’s shaky democratization, other governments eased the pressure too early.
Past blanket sanctions were devastating for ordinary people in Myanmar, meaning that coordinated and targeted sanctions with robust enforcement will be key. The military’s financial interests and relationships have become more integrated into the global economy, offering even greater opportunities for effective sanctions.
With the necessary laws in place, the stage is set for Japan and Australia to do more than simply deflect and defer to ASEAN. Tokyo and Canberra should swiftly place targeted sanctions against Tatmadaw leaders and military-owned entities. In addition to sanctions, the two democracies should also push other governments to support a U.N. Security Council resolution calling for an arms embargo on Myanmar. Myanmar’s junta needs to be shown there are both immediate and longer-term consequences for their grievous abuses..."
Source/publisher:
The Diplomat via Human Rights Watch
Date of entry/update:
2022-03-28
[field_licence]
Type:
Individual Documents
Category:
Sanctions, Business and the Military, 2021 Burma/Myanmar coup d'état, The Burmese military's role in the economy, Human Rights and international relations
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"Russia remains a major supplier of arms and dual use goods for the Myanmar military, aiding and abetting the military’s genocide, war crimes and crimes against humanity.
Justice For Myanmar demands international action to stop the trade, and has documented 19 companies that have supplied Myanmar since 2018, which must be sanctioned.
These include multiple subsidiaries of the state-owned arms giant, Rostec, as well as manufacturers of missile systems, radar and police equipment. Many of the companies have exported to Myanmar since the military’s illegal attempted coup.
Rostec, whose international trade arm, Rosoboronexport, has a representative office in Myanmar, is a key partner of the Myanmar military, with subsidiaries providing fighter jets, helicopters, surface-to-air missiles and unmanned aerial vehicles (UAV).
One subsidiary of Rostec, United Aircraft Corporation (UAC), has a partnership with the French arms maker Thales. Thales did not respond to questions from Justice For Myanmar regarding their business with UAC.
Other companies include JSC Tactical Missiles Corporation, which supplied an OKA-E-1 aircraft guided weapons preparation system to the Myanmar military in 2019, AO Gorizont, which has provided Austrian UAV parts to the UK-sanctioned arms broker Miya Win International, and GS Group, which has provided a broadcasting production system for the army’s psychological warfare directorate.
According to records from the trade database ImportGenius and leaked documents, Russian companies supply both the Myanmar military directly and via private Myanmar military brokers.
Many of the brokers have branches in Singapore to facilitate payments. Justice For Myanmar continues to demand sanctions against Myanmar military arms brokers and calls on the Singapore government to stop the use of its territory for Myanmar military arms purchases.
Justice For Myanmar spokesperson Yadanar Maung says: “Russia’s arms industry earns big profits from the Myanmar military’s atrocities.
The same Russian arms industry that supplies the terrorist Myanmar military is manufacturing the arms that are enabling Russia’s unprovoked aggression against Ukraine.
A year ago today, the Myanmar military murdered more than 160 people while the generals celebrated Armed Forces Day with Russia’s Deputy Defence Minister.
In response to the Myanmar military’s March 27, 2021 massacre, and the many others who have been murdered by junta forces on the streets and in indiscriminate airstrikes and shelling with Russian arms and equipment, we call on the international community to take decisive action against the Russian arms industry.
Impose a global arms embargo on the Myanmar military junta and targeted sanctions on all Russian companies supplying the Myanmar military.
It’s time to hold arms traders accountable for aiding and abetting international crimes.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-03-27
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"Justice For Myanmar welcomes the latest coordinated sanctions as the illegal Myanmar military junta prepares to celebrate Armed Forces Day, a year after they massacred more than 160 people.
The sanctions include major Myanmar arms brokers who are directly complicit in and profit from the Myanmar military’s atrocity crimes.
Arms dealers sanctioned in one or more jurisdictions include Aung Hlaing Oo and his company Myanmar Chemical & Machinery; Naing Htut Aung and his company, International Gateways Group; Dr Aung Moe Myint and his company, Dynasty International; and Sit Taing Aung and his company, Yatanarpon Aviation Support.
Sit Taing Aung is Mexico’s Honorary Consul to Myanmar. Justice For Myanmar calls on the Mexican government to immediately remove him from his position.
Miya Win International, a Myanmar arms trader with links to Austria and Germany, was sanctioned by the UK.
The US sanctioned the crony conglomerate Htoo Group, which provides arms and revenue to the terrorist military junta.
The junta’s air force chief, General Htun Aung, was also sanctioned. Htun Aung is responsible for the indiscriminate airstrikes terrorising communities across Myanmar, and must be held accountable for war crimes and crimes against humanity.
Justice For Myanmar spokesperson Yadanar Maung says: “These new sanctions are an important step to disrupt the supply of arms and dual use goods that continue to flow to the terrorist Myanmar military junta.
However, more urgently needs to be done to stop the military’s indiscriminate airstrikes, shelling, killings, forced displacement, arbitrarily arrests, torture and rape.
Oil and gas remain the junta’s biggest source of foreign. We call on the US to follow the European Union in imposing targeted sanctions on Myanma Oil and Gas Enterprise (MOGE).
The junta’s indiscriminate airstrikes are enabled by the undisrupted supply of jet fuel. We call for urgent sanctions to stop the sale of jet fuel to Myanmar.
These sanctions yet again highlight the appalling inaction of regional democracies, which have failed to impose targeted sanctions in response to the military’s illegal attempted coup.
We call on Australia, India, Japan and South Korea to stand with the people of Myanmar and impose sanctions to stop the flow of arms and funds to the junta."..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-03-26
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, Oil and gas
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Description:
"Media release from Burmese Rohingya Organisation UK
The Burmese Rohingya Organisation UK (BROUK) today welcomed a fresh round of sanctions against Myanmar military leaders, military-affiliated cronies and businesses, as well as a military unit, by the United States, United Kingdom and Canada. The announcement came ahead of Myanmar’s Armed Forces Day, on March 27.
The United States announced sanctions against five individuals and five entities connected to the military regime, including the 66th Light Infantry Division, one of the junta’s notorious shock troops, while the United Kingdom sanctioned two individuals and three companies “responsible for supplying the Myanmar military regime with weapons and equipment”, and also designated the military’s new Head of Air Force. Canada sanctioned four individuals and two business entities.
“Cutting sources of revenue and arms to the military is essential, so these new sanctions are very welcome,” said Tun Khin, President of BROUK. “The USA, UK and Canada have the right strategy in sanctioning the military and its allies but the sanctions are coming too slowly. They need to increase the pace of sanctions and expand the scope to include gas revenue and aviation fuel.”
The sanctions announcements come days after the United States designated the military’s campaign of violence against the Rohingya a genocide, an announcement made at the US Holocaust Museum in Washington DC.
“Targeted economic sanctions are just one tool, and we need to see other tools used such as support for international justice mechanisms like referring Burma to the International Criminal Court, and joining or financing the genocide case at the International Court of Justice,” said Tun Khin. “The United States’ genocide declaration this week was welcome recognition for the suffering us Rohingya have endured, but it must amount to more than words, and be turned into concrete actions that ultimately remove this junta from power.”
Those who had their assets frozen by the US, UK and Canada include Aung Moe Myint, director of Dynasty International Company, Aung Hlaing Oo, managing director of Myanmar Chemical Machinery Co Ltd, as well as General Htun Aung, the newly-appointed Commander-in-Chief of the Myanmar Air Force.
“The military have not been able to establish control since the attempted coup and are vulnerable to pressure if it can be applied fast enough. We need to cut arms, cut revenue, deny legitimacy, ensure accountability and increase humanitarian and political support to the people of Burma,” said Tun Khin. “The USA, UK and Canada are moving in the right direction but crawling instead of racing.”..."
Source/publisher:
Burmese Rohingya Organisation UK
Date of entry/update:
2022-03-25
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, Genocide, International Criminal Court (Myanmar), International Court of Justice (ICJ) - Myanmar
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Description:
"Burma Campaign UK today welcomed a new round of sanctions against the Burmese military, this time targeting the air force and its suppliers.
The statement by the Foreign, Commonwealth and Development Office is available here.
Airstrikes by the Burmese military take place almost every day, and have caused a human rights and humanitarian crisis. The majority of around 550,000 people forced to flee their homes since the attempted coup last year are displaced because of airstrikes or the threat of airstrikes. Airstrikes deliberately target civilians and often take place at night when they know people are home and more people will be injured or killed.
Those sanctioned in the new round are:
General Htun Aung: Commander-in-Chief of the Myanmar Air Force
Dr Aung Moe Myint: Director of Dynasty International Company Ltd, and Dynasty International Company Ltd
Aung Hlaing Oo: Managing Director of Myanmar Chemical and Machinery Co Ltd (MCM), and MCM.
Miya Win International Ltd
These private Burmese companies are involved in the supply of arms and equipment to the Burmese military, and in particular to the air force.
The sanctions were imposed in coordination with Canada and the USA, which also imposed new sanctions today.
“Stopping Burmese military airstrikes is the most urgent priority, and it is very good to see the British government begin the process of targeting suppliers to the air force,” said Mark Farmaner, Director of Burma Campaign UK. “We also need to see urgent action by the British government to help stop the flow of aviation fuel to the Burmese military. If the jets can’t fly, they can’t bomb.”..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-03-25
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"The Honourable Mélanie Joly, Minister of Foreign Affairs, today announced Canada is imposing targeted sanctions under the Special Economic Measures (Burma) Regulations against individuals and entities responsible for procuring and supplying arms and military equipment to the military regime in Myanmar, as well as the Commander of the Air Force.
The announcement of these latest sanctions, in coordination with the United Kingdom and the United States, underscores our continued support to the people in Myanmar in the face of the brutality of the armed forces and our resolve to bring the regime to full account. The announcement coincides with Armed Forces Day in Myanmar on March 27, which in 2021 was one of the bloodiest days of protest following the coup.
Since the coup on February 1, 2021, the use of lethal weapons by the regime has led to the death of more than 1,600 civilians and displaced over 440,000 people from their homes. Despite repeated calls to cease violence, to release all of those arbitrarily detained and to allow immediate unrestricted humanitarian access, the regime has continued to commit gross human rights violations and inflict terror against its own people with complete impunity and disregard for their suffering.
The appalling breadth and scale of atrocities by the regime are detailed in a recent report from the UN High Commissioner for Human Rights suggesting that these atrocities may amount to war crimes and crimes against humanity.
Canada strongly condemns the bombardment of populated areas with air strikes and heavy weapons and the arbitrary detention, torture and mass killing of civilians, all of which has deepened the humanitarian crisis. Canada reiterates its call and urges all countries to halt all operational support and to cease the direct and indirect supply, sale or transfer of all weapons, munitions, military equipment and material, dual-use equipment, and technical assistance to the Myanmar armed and security forces and their representatives to prevent further atrocities..."
Source/publisher:
Government of Canada
Date of entry/update:
2022-03-25
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Description:
"Today the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated five individuals and five entities connected to Burma’s military regime pursuant to Executive Order (E.O) 14014. This action comes as the regime prepares to mark the 77th Armed Forces Day. The United States has concluded that the Burmese military committed genocide, crimes against humanity, and ethnic cleansing against Rohingya. The military has committed atrocities and other abuses against members of other ethnic and religious minority groups for decades. Following the February 1, 2021, coup that overthrew Burma’s democratically elected civilian government, the military committed numerous atrocities against the people of Burma, including the violent repression of political dissent and violence against innocent people, including at pro-democracy protests during last year’s Armed Forces Day that killed more than 100 people.
“Brutality and oppression have become trademarks of the Burmese military regime’s rule,” said Under Secretary of the Treasury for Terrorism and Financial Intelligence Brian E. Nelson. “Treasury is committed to holding accountable those who are responsible for the ongoing violence and repression. We will continue to support the people of Burma, including those who are courageously standing in opposition to the military.”
THE BURMESE MILITARY
As part of today’s action, OFAC designated pursuant to E.O. 14014 the 66th Light Infantry Division (66 LID), a military unit based in Pyay Township, for being responsible for or complicit in, or having directly or indirectly engaged or attempted to engage in, the torture of any person in Burma or other serious human rights abuse in Burma. Members of the 66 LID have been accused of carrying out the Christmas Eve massacre in 2021, where civilians in Pyay and Hpruso Townships of Karen State were captured, tortured, and killed, including some whom members of the military reportedly burned alive. Multiple reports have counted women, children, and humanitarian workers among the casualties.
In addition to the 66 LID, OFAC has designated two individuals for being leaders or officials of the military or security forces of Burma. This includes Brigadier-General Ko Ko Oo, who serves as the Commander of Central Command and the head of the Ministry of Defense’s Technologies Department, and Major-General Zaw Hein, who serves as the Commander of the Nay Pyi Taw Command.
SUPPORT TO THE BURMESE MILITARY
Arms Dealers
OFAC designated the following individuals and related entities in connection with providing arms and equipment to Burma’s military regime.
Naing Htut Aung is designated pursuant to E.O. 14014 for operating in the defense sector of the Burmese economy. Naing Htut Aung is an arms dealer who has procured equipment from Chinese companies and has strong ties to members of the Burmese military leadership, including Senior-General Min Aung Hlaing, who was previously designated on February 11, 2021, for being a leader or official of the Burmese military. His firm International Gateways Group of Company Limited is designated pursuant to E.O. 14014 for being owned or controlled by Naing Htut Aung.
Aung Hlaing Oo is designated pursuant to E.O. 14014 for operating in the defense sector of the Burmese economy. Aung Hlaing Oo has been a central figure in planning to set up a manufacturing facility in Burma with his company Myanmar Chemical & Machinery that would produce military arms and equipment for both domestic use and export, particularly tanks and mortars in conjunction with the previously designated Directorate of Defense Industries. Myanmar Chemical & Machinery is designated pursuant to E.O. 14014 for being owned or controlled by Aung Hlaing Oo.
Sit Taing Aung is designated pursuant to E.O. 14014 for operating in the defense sector of the Burmese economy. Sit Taing Aung has used his companies as fronts to broker arms deals for the Burmese military. He has close ties to members of the Burmese military leadership and other major arms suppliers, including Aung Hlaing Oo and Naing Htut Aung.
Companies owned by blocked individuals
Finally, the following entities are owned or controlled by, or have acted or purported to act for or on behalf of, directly or indirectly, a person whose property and interests in property are blocked pursuant to E.O. 14014.
Htoo Group of Companies is designated pursuant to E.O. 14014 for being owned or controlled by Tay Za, who was previously designated on January 31, 2022, for operating in the defense sector of the Burmese economy. Asia Green Development Bank Ltd is subsequently designated pursuant to E.O. 14014 for being owned or controlled by the Htoo Group of Companies.
SANCTIONS IMPLICATIONS
As a result of today’s action, pursuant to E.O. 14014, all property and interests in property of the persons named above that are in the United States, or in the possession or control of U.S. persons, are blocked and must be reported to OFAC. In addition, any entities that are owned, directly or indirectly, 50 percent or more by one or more blocked persons are also blocked.
Unless authorized by a general or specific license issued by OFAC, or otherwise exempt, OFAC’s regulations generally prohibit all transactions by U.S. persons or within (or transiting) the United States that involve any property or interests in property of designated or otherwise blocked persons. The prohibitions include the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any blocked person or the receipt of any contribution or provision of funds, goods, or services from any such person.
U.S. sanctions need not be permanent. Sanctions are intended to bring about a positive change of behavior. Consistent with the findings of Treasury’s Sanctions Review, the removal of sanctions is available for persons designated under E.O. 14014, who take concrete and meaningful actions to restore the path to democracy and disassociate themselves from the military-led government in Burma.
For detailed information on the process to submit a request for removal from an OFAC sanctions list..."
Source/publisher:
United States Department of the Treasury (USA)
Date of entry/update:
2022-03-25
[field_licence]
Type:
Individual Documents
Category:
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Sub-title:
UK announces new sanctions against Myanmar military ahead of Myanmar Armed Forces Day
Description:
"new designations target arms dealers and companies responsible for supplying weapons to the military
Minister for Asia condemns the military’s use of violence and calls for return to democracy
Two individuals and 3 companies responsible for supplying the Myanmar military regime with weapons and equipment have been sanctioned, the UK government has announced today. The UK has also designated the new Head of Air Force who was recently appointed to the State Administration Council.
The move comes ahead of Myanmar Armed Forces Day this weekend. On Armed Forces Day last year, the Myanmar military killed over 100 civilians, in what is regarded as the bloodiest day since the coup in February 2021.
New sanctions, freezing assets and banning travel to the UK, will be brought against Dr Aung Moe Myint, Aung Hlaing Oo and General Htun Aung.
Dynasty International Company Ltd, Myanmar Chemical and Machinery Company Ltd, and Miya Win International Ltd will also have their assets frozen. The UK has worked closely with partners in the US and Canada to coordinate this latest round of action.
Minister for Asia Amanda Milling said:
The Myanmar military has shown no signs of stopping its brutal campaign of violence against the people of Myanmar, who continue in their fight for democracy.
These sanctions target those who are instrumental in supplying the military with weapons that facilitate these abuses across the country.
Working with like-minded countries, the UK will always defend the right to freedom, democracy, rule of law and hold to account this suppressive, brutal regime.
The Myanmar military continue to use violence against civilians, including indiscriminate airstrikes, village burnings, and the suppression of the opposition movement.
The individuals and entities listed are responsible for facilitating this violence, including through supplying the military with weapons and services that have increased their ability to commit human rights violations.
These designations demonstrate the UK’s commitment to identifying and cutting off, the military’s supply of weapons and equipment from abroad.
The UK strongly condemns those countries who continue to facilitate the flow of arms to the military regime.
These countries share a responsibility for the brutal violence meted out by the Myanmar military.
The UK will continue to coordinate with allies, to push for an end to violence, the full implementation of the ASEAN Five Point Consensus, and immediate humanitarian access to those in need of lifesaving aid.
Background
Those sanctioned today are:
Dr Aung Moe Myint: Director of Dynasty International Company Ltd, responsible for procurement of arms for the Myanmar military. He is also Honorary Consul of Belarus to Myanmar, and the representative of the Belarusian Chamber of Commerce and Industry in Myanmar
Aung Hlaing Oo: Managing Director of Myanmar Chemical and Machinery Co Ltd (MCM). Through his control of MCM, he has acted as a key source of weapons and commercial support for the junta. He is also an associate of Commander-in-Chief and coup leader, Min Aung Hlaing
General Htun Aung: Newly-appointed Commander-in-Chief of the Myanmar Air Force. He is also a Director of Myanmar Economic Holdings Public Company Ltd – a major conglomerate ran by the Myanmar military and sanctioned by the UK, United States and European Union for financing the military’s human rights violations
Dynasty International Company Ltd: an importer and broker of arms imports to Myanmar. It has been responsible for the supply and upkeep of military and training aircrafts for the Myanmar Air Force, including since the February 2021 coup
Myanmar Chemical and Machinery Company Ltd: acts as a key source of weapons and commercial support for the junta
Miya Win International Ltd: responsible for ongoing activity in brokering deals for the supply and upkeep of aircraft for the Myanmar Air Force. It has continued to support the Myanmar Security Forces since the coup in February 2021..."
Source/publisher:
Govt. UK (London)
Date of entry/update:
2022-03-25
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Category:
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"Following the US determination that genocide has been committed against the Rohingya, Burma Campaign UK today renewed calls to American companies to cut all ties to the Burmese military.
The determination of genocide is an important acknowledgment of the crimes being committed against the Rohingya, and must act as a catalyst for action to cut the supply of money, arms and aviation fuel to the Burmese military.
Burma Campaign UK publishes a ‘Dirty List’ of companies linked to the Burmese military or human rights violations in Burma.
Nine American companies are on the ‘Dirty List’. They are:
Alphabet/Google: The Google Play app store hosts around ten apps for the Burmese military joint venture mobile phone network Mytel. The apps are a critical part of Mytel marketing and customer recruitment strategy.
Apple: The Apple App Store hosts around seven apps for the Burmese military joint venture mobile phone network Mytel. The apps are a critical part of Mytel marketing and customer recruitment strategy.
Cloudflare: Provide website security services for several Burmese military websites, including the Myanmar Police Force, which rapes and kills political activists, the military-owned Innwa Bank, owned by the sanctioned Myanmar Economic Corporation, and the Myanmar War Veterans Organisation, also sanctioned by the US, EU and UK.
Facebook: Have now removed Burmese military pages but still fail to take effective action on hate speech and incitement against minorities in Burma, have allowed the military to take over Burmese government pages and use them for propaganda and lies, and refuse to acknowledge and take action regarding their role in facilitating genocide of the Rohingya.
Hilton: Operates a hotel in Rakhine State on land seized by the military without the farmers who owned it receiving proper compensation. Money from the development went to the military via the Office of the Quartermaster General. The hotel is not currently open but Hilton refuse to end their relationship with this hotel despite it being on Burmese military-owned land.
Honeywell: Has a longstanding business relationship with Indian aerospace company Hindustan Aeronautic Ltd (HAL), including a contract with them that enables HAL to manufacture Honeywell engines. HAL in turn is planning to sell aircraft with Honeywell engines to the Burmese military.
OnlineNIC: Provides web hosting services for the military-owned Myawaddy Bank, which has been sanctioned by the USA, UK and EU. It also hosts the website of the military-owned Central Hotel Yangon.
Sectigo/Sitelock: Provides services for the military-controlled Ministry of Home Affairs website.
TPG Capital: Is the majority owner of Tower Holdings, which operates telecoms towers companies in Burma which work for the military joint venture mobile phone network company Mytel.
“American companies need to cut all ties with Burma’s genocide generals,” said Mark Farmaner, Director of Burma Campaign UK. “Facilitating the operations of military-owned companies means helping those companies make profits which help pay for genocide. American companies have been quick to act in response to the invasion of Ukraine but five years on from genocide of the Rohingya, there are still American companies willing to work for the genocidal generals in Burma...”
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-03-24
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"M1 Group, owned by the family of Lebanese Prime Minister Najib Mikati, is set to violate sanctions on Myanmar through their acquisition, activation and transfer of a lawful interception gateway (LIG) as part of their purchase of Telenor Myanmar. The sale involves M1 Group entities in Cyprus and the Cayman Islands, subject to EU and UK sanctions that prohibit the transfer and operation of surveillance technology.
The impending sanctions violations are being aided and abetted by Telenor Group, which is majority owned by the Norwegian government.
The M1 Group subsidiary that is contracted to purchase Telenor Myanmar, M1 Limited, is incorporated in the Republic of Cyprus, and is therefore subject to European Union sanctions.
Under Article 3.1 of EU restrictive measures, “The sale, supply, transfer or export of equipment, technology or software intended primarily for use in the monitoring or interception by the Government of Myanmar/Burma, or on its behalf, of the internet and of telephone communications on mobile or fixed networks in Myanmar/Burma, including the provision of any telecommunication or internet monitoring or interception services of any kind, as well as the provision of financial and technical assistance to install, operate or update such equipment, technology or software, by nationals of Member States or from the territories of Member States shall be prohibited.”
M1 Limited is registered at the south Nicosia address of the law firm Georgiades & Pelides LLC, which is affiliated to Themis Professional Services Limited. Two of the three company directors and the company secretary are Themis entities registered at the same address, and liable for EU sanctions violations. They are Themis Directors Limited, Themis Professional Directors Limited and Themis Secretarial Services Limited.
M1 Group’s shares in Investcom Pte. Ltd., a Singapore company set up for the sale, are held through a Cayman Islands shell company, M1 Infrastructure Limited.
The UK’s 2021 Myanmar (Sanctions) Regulations similarly prohibits the transfer of interception and monitoring goods, and is in force in the Cayman Islands.
Furthermore, the laws that govern the agreement between Telenor Group and M1 Group are those of the United Kingdom.
Following the Telenor Group transaction to Investcom Pte Ltd, in which M1 Group owns 51%, the company will transfer control of Telenor Myanmar, and its lawful interception gateway, to the military-linked company Shwe Byain Phyu, in violation of EU and UK sanctions.
According to an industry source, Telenor Myanmar management are aware that M1 Group and its local partner, Shwe Byain Phyu, intend to activate the lawful interception gateway (LIG) that Telenor Group has installed. The activation will also violate EU and UK sanctions.
Telenor Group owns Telenor Myanmar through Telenor South East Asia Investment Pte. Ltd, a Singapore holding company. Four Telenor Group executives exited the Telenor Myanmar board in June 2021, weeks before the announced sale to M1 Group. This included Håkon Bruaset Kjøl, a Telenor Group Senior Vice President who remains a director of the Singapore holding company. Telenor Group executives have overseen the sale and are responsible for transitional arrangements.
In recent comments to the Norwegian newspaper Aftenposten, Telenor Group CEO Sigve Brekke confirmed that the lawful interception system would be left in place. He refused to comment on the legal repercussions of the sale.
Justice For Myanmar therefore contends that Telenor Group has constructive knowledge that the Telenor Myanmar sale will result in breaches of EU and UK sanctions by M1 Group. Telenor Group is aiding and abetting M1 Group’s imminent sanctions violations.
That is in addition to Telenor Group’s own violations of Norwegian and EU sanctions as a result of their installation of the LIG, purchased from the Germany company, Utimaco, and its transfer to M1 Group, which Justice For Myanmar has previously documented.
In September 2021, Telenor stated that they have not yet activated the LIG because doing so would breach EU and Norwegian sanctions, and that they therefore have to exit Myanmar to prevent a sanctions breach.
It appears that Telenor’s divestment strategy is aimed at preventing direct and immediate fault for sanctions breaches, but is reckless about enabling purchasers from doing the same.
Once activated, the LIG will allow the terrorist Myanmar military junta to monitor communication on the Telenor Myanmar network in real time.
The sale will also involve the transfer of historical call data of more than 18 million current subscribers, which the junta can use to hunt down activists, journalists and humanitarian workers, who face torture and murder at the hands of the Myanmar military.
Justice For Myanmar spokesperson Yadanar Maung says: “Telenor Group and M1 Group are continuing to show an appalling disregard for the law and for the lives of Myanmar people.
The sale of Telenor’s Myanmar business to Shwe Byain Phyu and M1 Group will put millions at risk and embolden the military junta, which is a terrorist organisation.
Telenor has already provided de-facto recognition to the illegitimate junta in seeking regulatory approval.
Telenor is now proceeding to transfer dangerous surveillance technology to companies that intend to activate it, which will support the junta to intensify its terror campaign against the people.
We call on the Norwegian, UK, German and Cypriot governments to urgently intervene to stop the sale of Telenor Myanmar..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-03-22
[field_licence]
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Sub-title:
Support Arms Embargo, Stronger Targeted Sanctions
Description:
"(Geneva) – The United Nations Human Rights Council should adopt a strategy for accountability in Myanmar to end abuses by the military junta, Human Rights Watch said today. The council will discuss Myanmar and the new report by the UN Human Rights Office at its meeting on March 21, 2022.
The Human Rights Council resolution should call for all UN member states to prevent the flow of weapons into Myanmar and impose stronger, targeted economic sanctions against individuals implicated in abuses and military interests. The resolution should also urge the UN Security Council to refer Myanmar to the International Criminal Court.
“The UN Human Rights Council should respond to Myanmar’s human rights and humanitarian crisis with urgency and purpose,” said Lucy McKernan, deputy UN advocacy director at Human Rights Watch. “The rights council should take strong action against security forces that have never faced consequences for their numerous crimes.”
Since the February 1, 2021, coup, Myanmar’s junta has carried out a brutal nationwide crackdown to suppress those opposing military rule. The junta’s systematic and pervasive abuses, including mass killings, torture, arbitrary arrests, and indiscriminate attacks on civilians, amount to crimes against humanity and war crimes.
The UN Office of the High Commissioner for Human Rights condemned Myanmar security forces’ violations of international human rights and humanitarian law in a March 15 report, stating:
The military and security forces have shown a flagrant disregard for human life, bombarding populated areas with airstrikes and heavy weapons and deliberately targeting civilians, many of whom have been shot in the head, burned to death, arbitrarily arrested, tortured or used as human shields.
In recent weeks, there have been increasing reports of Myanmar military airstrikes and use of heavy weapons causing civilian loss of life and property. The UN special rapporteur on human rights in Myanmar, in his February report on government sales of weapons to the Myanmar military, said that jet aircraft, attack helicopters, armored vehicles, light and heavy artillery, missiles, and rockets are being used against civilians. More than 400 of the attacks reported occurred in Sagaing Region in northwestern Myanmar, where most civilian fatalities have recently occurred.
The Human Rights Council, in addition to calling on all UN member countries to prevent the transfer of weapons to Myanmar, should also call for all revenues from oil, gas, timber, and gems that flow to the military and help finance the abuses to be put into an escrow account for the Myanmar people until a democratically elected civilian government is restored.
Since the coup, security forces have killed at least 1,600 people and detained more than 12,000, according to the Assistance Association for Political Prisoners. Over 500,000 people have been internally displaced since the coup, while tens of thousands have fled as refugees to Thailand and India, according to the UN refugee agency, UNHCR.
In many parts of the country, the junta is deliberately blocking aid to populations as a form of collective punishment. The UN estimates that the number of people needing assistance has grown from 1 million before the coup to 14.4 million, including more than 5 million children. About 25 million people, or half the population, are estimated to be below the national poverty line.
Internet shutdowns remain in parts of the country after the junta imposed rolling nationwide shutdowns and blocked access to social media following the coup. Under international human rights standards, internet-based restrictions must be necessary and proportionate. Blanket internet shutdowns are a form of collective punishment that hinder access to information and communications needed for daily life, which is particularly vital during times of crisis.
“Senior General Min Aung Hlaing and other junta leaders have been able to brutally quash protests and dissent with minimal international interference,” McKernan said. “The Human Rights Council should urgently push back against these abuses and lead the international response to protect rights and advance accountability in Myanmar...”
Source/publisher:
Human Rights Watch (USA)
Date of entry/update:
2022-03-18
[field_licence]
Type:
Individual Documents
Category:
Human Rights and international relations, Business and the Military, Sanctions, 2021 Burma/Myanmar coup d'état
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"The private Myanmar military arms broker, Miya Win International, has procured parts for Camcopter S-100 unmanned aerial vehicles (UAVs) via Russia since the military’s attempted coup.
The parts come from the Austrian company, Schiebel Corporation, which previously sold the UAVs to the Myanmar military, and was identified by the UN Independent International Fact-Finding Mission on Myanmar for its sale of dual-use goods to the Myanmar military.
Schiebel Corporation’s business with the Myanmar military has likely breached the EU arms embargo on Myanmar, with the support of Miya Win International.
The original purchase of UAVs was also facilitated by Miya Win International.
Camcopter S-100s can fly for up to 6 hours and provide the Myanmar Navy and Air Force with surveillance and reconnaissance capabilities.
Miya Win International and its network of companies has been exposed in a Justice For Myanmar feature, using records from the trade database, ImportGenius, and leaked documents.
Other Miya Win International deals with EU companies that are likely to violate the arms embargo include a flight simulator from the Austrian company, Axis Simulation, and a hyperbaric chamber from the German company, Haux Life Support.
The flight simulator is owned by the Myanmar Air Force and used for both military and civil pilot training.
The hyperbaric chamber was procured for use by Myanmar Navy Seals.
Justice For Myanmar’s exposé of Miya Win International follows an investigation into the arms broker, Dynasty International, which has procured aircraft in 2015 from the Germany company, Grob Aircraft SE, and continued to work with Grob for parts and maintenance.
Since the attempted coup, Dynasty International has imported parts for Mi-17 aircraft from the Russian company, Ural Avia.
The Myanmar military primarily uses Mi-17 helicopters for transportation.
Justice For Myanmar calls for targeted sanctions against Miya Win International, Dynasty International, their directors and all other suppliers of the Myanmar military, and a global arms embargo.
Justice For Myanmar urges the Austrian and Germany governments to investigate companies that have supplied arms and dual use goods to the Myanmar military, and to hold companies to account for any breaches of the EU arms embargo.
Justice For Myanmar spokesperson Yadanar Maung says: “One year since its illegal attempted coup, the Myanmar military has killed over 2,000 civilians and arrested more than 12,000.
The illegal junta has been committing crimes against humanity and war crimes with total impunity, including deliberately targeting civilians with airstrikes and artillery shelling, forcing over 440,000 civilians to flee from their homes.
Yet, companies like Schiebel Corporation, Miya Win International and Dynasty International are continuing to do business with the junta, despite their acts of aggression against the people.
The military’s atrocities are enabled by continued revenue and arms flows. These must be cut to end the military’s campaign of terror.
All arms brokers and suppliers must be sanctioned, including Miya Win International, Dynasty International, and their related companies.
Despite the EU arms embargo, companies from member states including Austria and Germany have sold arms and equipment to the Myanmar military, following the Rohingya genocide and after the attempted coup.
The EU and its member states must urgently act to strengthen and enforce the arms embargo and make sure no businesses in their territory remain complicit with the terrorist junta.
Those who have violated the arms embargo must be held accountable..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-03-14
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"Just over one year since the Myanmar military, known as the Tatmadaw, led a coup against the legitimately re-elected government, a new study finds that more than $190 million in imports of timber were reported from Myanmar in 2021, including to countries with sanctions, potentially exposing entities importing from Myanmar to risk of civil and criminal penalties.
In response to the coup and to evidence that revenue from natural resources is funding the junta, the European Union (EU) and four countries (the United States (US), United Kingdom (UK), Canada, and Switzerland), have introduced sanctions that aim to limit the regime’s ability to collect revenue from sectors such as mining, forestry, and most recently, oil and gas.
Since February 1, 2021, Myanmar’s economy has collapsed and the junta has increasingly turned to natural resources to support its regime, financing both military operations and violence against civilians, much like the previous military regime did for decades. The elected government had brought in anti-corruption reforms, but these are being undone.
Sanctions can be effective, if enforced. This is being clearly demonstrated by recent sanctions from the US, UK, EU, and others on Russian banks and freezing assets belonging to Vladimir Putin’s top allies in response to Russia’s invasion of Ukraine on February 24, 2022.
“The role of forests in Myanmar really can’t be overstated,” says Michael Jenkins, CEO and Founding President of Forest Trends, “The return of military control last year was a shocking development as Myanmar was still transitioning from 50 years of harsh military rule to democracy, rule of law, and federalism. In the past, illegal logging, corruption, and illicit trade of wood products ran rampant. Money from illegal logging helped finance Myanmar’s decades long civil war and we need to move past that reality.”
Forest Trends’ new report focuses on the role of forestry sanctions by the US, UK, EU, Canada, and Switzerland on the Myanma Timber Enterprise (MTE), the State-owned Enterprise that monopolized the forestry sector.
Key Findings
More than $190 million in trade of Myanmar timber has been reported from February to November 2021: $37 million to jurisdictions with sanctions and $154 million imported into China, India, Thailand, and other countries without sanctions. The provenance of the exported logs is unclear; the MTE does not report on its source, and since the coup, the MTE has only auctioned about 5% of the total that were reported as exported, but none of that wood was auctioned as export grade.
Most markets have decreased their imports of timber from Myanmar since the coup, but others, including countries with sanctions have increased imports relative to 2020. In the US, where almost all imports were in the form of sawn teak for the luxury yacht market, the number of companies importing from Myanmar dropped by two-thirds to only 5 importers, yet total trade still increased slightly. Five EU Member States, Austria, Belgium, France, the Netherlands, and Poland, also showed substantial increases in imports. China, which has not imposed sanctions on Myanmar, also increased imports by 35% (or $29 million). All findings are likely an underestimate, as not all countries have reported trade for the entirety of 2021.
Given the details of US sanctions, entities importing from Myanmar are already at risk of civil and criminal penalties for violating sanctions. Entities could also potentially be exposed to prosecution for the international war crime of pillage, given 1) the junta is illegitimate and does not have the legal right to sell Myanmar’s timber, 2) any timber sold by the junta is done without consent of the owner (in this case, the legally elected government, overthrown on February 1, 2021, which acts as the State’s representative), and 3) all timber sold is done in the context of armed conflict. There is no statute of limitations to prosecution of war crimes, such as pillage, and due to the gravity of the crime, there is universal jurisdiction, where any country may prosecute offenders.
The US sanctions prohibit even the indirect benefit of the MTE. The Executive Order also has no grace period – the sanctions take immediate effect. The US Department of the Treasury’s Office of Foreign Assets Control (OFAC) has previously prosected entities that used US dollars in payments to sanctioned entities, even if the entities themselves have no other connection to the US.
In other words, all trade with the MTE would be a violation of US sanctions, because teak is purchased in US dollars, even if no US companies are involved. All banks that facilitate these transactions would also be violating US sanctions. So far, only Canada has sanctioned the Myanmar Foreign Trade Bank, which facilitates all MTE US dollar transactions (all are held in foreign banks).
“To close this loophole and make sanctions more effective, countries should expand financial sanctions to include the Myanmar Foreign Trade Bank,” says Kerstin Canby, Senior Director of Forest Trends’ Forest Policy, Trade, and Finance Initiative, “Doing so would help stop spill over to non-sanctioned markets by making it a violation to facilitate this trade with any country. Countries that have not yet imposed sanctions should do so, otherwise they are bankrolling the junta.”
The stakes in war-torn Myanmar could not be higher as the junta continues its violent crackdown against its people. The crimes of illegal harvest, sale, and export of Myanmar’s resources, much of it extracted from conflict areas claimed by the country’s ethnic minorities, are producing revenues that allow the military to perpetrate horrific crimes, not only against the country’s democracy but also its civilians. To date, the regime has killed over 1,600 unarmed civilians and arrested over 12,500 more. Sanctioning the junta – and implementing those sanctions – is one thing the international community can, and should, do to support the people of Myanmar..."
Source/publisher:
Forest Trends (Washington, D.C.)
Date of entry/update:
2022-03-09
[field_licence]
Type:
Individual Documents
Category:
Sanctions, Business and the Military, Timber extraction, Burma's economic relations with the European Union, 2021 Burma/Myanmar coup d'état
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Sub-title:
The Impact of International Sanctions
Description:
"On February 1st, 2021, the military launched a coup d’état against the newly re-elected government of Myanmar. Over the past year, the military junta has been accused of massive human rights violations, arresting more than 12,000 people, killing more than 1,500, and instigating a growing humanitarian crisis that has seen more than 400,000 internally displaced people (IDPs) (AAPP Burma 2022, UN News 2022). Compounding the impact of COVID-19, the military’s violence has destroyed Myanmar’s economy. Furthermore, the majority of society has engaged in a predominately non-violent Civil Disobedience Movement (CDM), including a boycott of companies with military links.
Deprived of revenue, the junta has increasingly relied on revenue from natural resources to support their operations and their ongoing campaign to retain power, which has included escalation of armed conflict and attacks on civilians. While much international focus has been given to the revenues generated by the oil, gas, and mining sectors, the forest sector has in the past been an important source of revenue for Myanmar’s governments and entities associated with the military. This report reviews the timber sector’s role in the revenue now being generated for the current military regime..."
Source/publisher:
Forest Trends (Washington, D.C.)
Date of entry/update:
2022-03-09
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"The special envoy of the Association of Southeast Asian Nations (ASEAN) for Myanmar and Cambodia's foreign minister Prak Sokhonn announced that he is to visit Myanmar for four days on 20-23 March 2022. This comes after some of the ASEAN member countries criticized the Myanmar junta for making no progress in resolving the crisis that has unfolded in the country since the military coup last year. In January 2022, ASEAN Chair and Prime Minister of Cambodia Hun Sen visited Myanmar while ASEAN members including Malaysia, Indonesia and Singapore demanded Hun Sen for consultation with ASEAN on Myanmar. ASEAN also has denied the participation of the junta leader Aung Min Hlaing at the ASEAN summit in December and the junta-appointed Wunna Maung Lwin at the ASEAN foreign ministers meeting in February 2022.
The United States also announced that a non-political representative will be invited to the US- ASEAN Summit as ASEAN also has had its decision to invite a non-political representative from Myanmar to the summit in Washington on 28-29 March. On both occasions when ASEAN decided to invite non-political representatives from Myanmar, the junta refused and condemned the decision.
Ousted Myanmar leader Aung San Suu Kyi pleaded not guilty during her court case on corruption charges because she allegedly accepted $600,000 and seven gold bars from a political ally. She is also facing 10 additional corruption charges against her in junta courts in Naypyitaw, apart from the charges of violating the Official Secrets Act and alleged election fraud in the 2020 Myanmar General Elections.
A research group in Myanmar, Data for Myanmar, has announced that more than 6,100 Myanmar citizens' houses were burned by the military junta since the military coup, with more than 60% reportedly in Sagaing Region. The heavy fighting between the junta forces and civil resistance forces continues across the country, especially in Chin, Kayah, Karen and Kachin states and Sagaing, Magwe, Mandalay and Yangon regions. The Armed Conflict Location & Event Data Project, an international research group collecting data across the world in conflict zones also announced over 13,000 political violence and protest cases reported in Myanmar in 2021 that nearly 11,000 incidents were involved with fatalities.
The ultra-nationalist group Ma Ba Tha is to lead a campaign to encourage civilians living in people’s resistance forces strongholds to crack down on resistance groups by joining militias led by ordained Buddhists. Media also have reported that the monks from the Yadanar Kan Myint Htale Monastery were armed. The junta’s State Administration Council (SAC) also announced that it had distributed 2,080 weapons to 77 paramilitary groups. The junta freed the ultra-nationalist Buddhist monk Ashin Wirathu from the Ma Ba Tha group, after dropping sedition charges filed during the rule of the ousted NLD government in 2019.
Amid the junta’s increasing airstrikes against civilians, killing civilians and forcing hundreds of thousands to flee their homes that has created a humanitarian crisis, 55 British Parliamentarians from 9 different political parties and Independent MPs have called for aviation fuel sanctions against the Myanmar junta. The European Union has imposed sanctions against Myanmar Oil and Gas Enterprise (MOGE) and for more entities last week after more than a year of advocacy by the Myanmar civil society and rights groups. MOGE is the junta’s biggest single source of revenue, responsible for financing its repression against Myanmar civilians. Despite the criticisms from the rights groups, Norwegian telecom group Telenor will be selling the business to Myanmar conglomerate Shwe Byain Phyu (SBP) controlled by the junta affiliates and Lebanese investment firm M1 Group, the sources said, adding that the $100 million in retained earnings are held at a Myanmar bank.
As of 4 March 2022, the Assistance Association for Political Prisoners (AAPP) recorded that 1,603 people have been killed by the junta. 9,507 people are currently under detention. 84 have been sentenced to death and 1,973 are evading arrest warrants..."
Source/publisher:
Asian Network for Free Elections (Bangkok)
Date of entry/update:
2022-03-08
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Freedom of Movement, violations of in Burma/Myanmar, ASEAN-Burma relations, Business and the Military, Sanctions, Oil and gas
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"Telenor Group is violating European Union (EU) and Norwegian sanctions on Myanmar by having installed and maintained a Lawful Interception Gateway (LIG), which it is now proceeding to transfer to a military-linked company.
Telenor purchased the LIG from the Germany company, Utimaco, and is the legal owner of the system, according to documents leaked to Justice For Myanmar.
Huawei, through its Singapore subsidiary, brokered the purchase of the Utimaco LIG and imported it into Myanmar. Utimaco has provided technical assistance via Huawei, keeping the relationship with Telenor Myanmar indirect.
Leaked documents show that the LIG was delivered to Myanmar in February 2018 and installed and integrated into Telenor’s system by May 2018. The LIG was then connected to a state monitoring centre in mid-2020, with remote support from Utimaco.
Once activated, the LIG will enable the terrorist military junta to simultaneously monitor the content of communication on the Telenor network through the Ministry of Home Affairs. This will violate the right to privacy on a large scale and likely result in further arrests, torture and killings by the military junta.
In September, Telenor stated that they have not yet activated the LIG because doing so would breach EU and Norwegian sanctions, and that they therefore have to exit Myanmar to prevent a sanctions breach.
However, Justice For Myanmar contends that Telenor has already breached EU and Norwegian sanctions by installing and maintaining the LIG.
Telenor will further violate EU sanctions by transferring the Utimaco LIG to a consortium led by the military-linked company, Shwe Byain Phyu. The minority shareholder will be M1 Group, a Lebanese company with a long history of complicity with authoritarian regimes.
In April 2018, following the Myanmar military’s genocide against the Rohingya, the EU strengthened sanctions to include surveillance technology.
Under Article 3.1 of EU restrictive measures, “The sale, supply, transfer or export of equipment, technology or software intended primarily for use in the monitoring or interception by the Government of Myanmar/Burma, or on its behalf, of the internet and of telephone communications on mobile or fixed networks in Myanmar/Burma, including the provision of any telecommunication or internet monitoring or interception services of any kind, as well as the provision of financial and technical assistance to install, operate or update such equipment, technology or software, by nationals of Member States or from the territories of Member States shall be prohibited.”
Norway has aligned with EU sanctions on Myanmar.
A Telenor spokesperson did not respond to questions from Justice For Myanmar regarding the transfer of the Utimaco LIG and whether the company has Norwegian government approval under sanctions regulations.
In an email to Justice For Myanmar, a Telenor spokesperson stated, “A key reason why Telenor is selling Telenor Myanmar is that we cannot activate intercept equipment, which all operators are required to. This situation is extreme and difficult, with significant challenges. Telenor must ensure its exit happens in a manner that does not increase the security risk for our employees, and that remains our key priority now. Telenor is awaiting regulatory approval for the sale to M1 Group, and beyond this we do not have any further comments.”
Utimaco is also likely to have violated EU sanctions by having provided indirect technical assistance for Telenor Myanmar’s LIG after sanctions were strengthened in April 2018, and would further violate sanctions if they approve Telenor’s transfer of the LIG.
Utimaco denies having provided any support after April 27, 2018. In an email to Justice For Myanmar, the company stated, “Utimaco has never conducted direct business with one of the mobile network operators in Myanmar. With the introduction of EU export regulation (Council Regulation (EU) 2018/647) which was published on 27 April 2018, Utimaco informed its international business partners that Utimaco ends all activities regarding partner projects in Myanmar. In compliance with EU export law, Utimaco has also not delivered any products or services nor provided any support via indirect partners in Myanmar since then.”
Utimaco did not respond to questions regarding Telenor’s imminent transfer of an Utimaco LIG to Shwe Byain Phyu and M1 Group.
The Utimaco LIG replaced an earlier LIG from the US company, SS8. The SS8 LIG may also be transferred as part of the Telenor Myanmar sale. SS8 did not respond to questions from Justice For Myanmar.
Justice For Myanmar spokesperson Yadanar Maung says: “Telenor Group is showing a blatant disregard for the lives of Myanmar people and violating EU sanctions.
“It is Telenor Group that imported and installed dangerous surveillance technology into Myanmar. Telenor Group and its majority owners, the Norwegian government, must now take responsibility for it.
“By transferring surveillance technology to the military-linked company, Shwe Byain Phyu, Telenor will embolden the terrorist Myanmar military junta, providing capabilities to chase down, torture and kill activists, human rights defenders, humanitarian workers and journalists.
“Shwe Byain Phyu should be sanctioned as a significant business partner of the Myanmar military, not put in charge of a mobile operator, dangerous surveillance technology and the historical call data of 18 million people.
“We call on the Norwegian and German governments to take immediate action to halt the sale and investigate Telenor Group and Utimaco for violating EU sanctions on Myanmar.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-03-05
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"The junta has threatened the Myanmar political parties of potential disbandment if they do not comply with its order to submit their financial accounts for inspection by 9 March 2022. The junta-appointed Union Election Commission (UEC) has said that if the parties do not comply with the instruction, they would face legal action under Section 24 (c), (d) and (e) of the Registration of Political Parties Law. These provisions of the law carry potential punishments of a three-year suspension, having their operations halted and disbandment. The UEC has instructed the National League for Democracy (NLD), the Shan Nationalities League for Democracy (SNLD) and two other parties to appear before 14 February to verify their financial accounts and expenses. Both the NLD and SNLD have not appeared yet the junta UEC has issued its warning on 23 February 2022.
The EU announced its fourth round of sanctions against the junta, affecting 22 individuals and 4 entities including government ministers, a member of the State Administrative Council and members of the Union Election Commission, as well as high-ranking members of the junta Forces. Along with Myanma Oil and Gas Enterprise (MOGE), the Htoo Group, the International Group of Entrepreneurs, and Mining Enterprise 1 are among the list of those sanctioned. As regards the sanctioned entities, these are either state-owned companies providing substantive resources to the Tatmadaw, or private companies closely connected to the Tatmadaw's top leadership. The rights groups and the Myanmar civil society have been advocating for sanctions against MOGE in particular. Justice for Myanmar (JFM) welcomed the EU sanctions in a statement and said MOGE is the junta’s biggest single source of revenue, responsible for financing its terror campaign.
Malaysian Prime Minister Ismail Sabri Yaakob met with Cambodian Prime Minister and current Chair of ASEAN Hun Sen on a two-day visit to Cambodia that extended support to the visit of the ASEAN Envoy to Myanmar and stressed the importance of the implementation of the ASEAN five-point consensus that junta leader agreed in April 2021 in Jakarta. Malaysia has been very critical of Hun Sen’s visit to Myanmar in January without proper consultation of ASEAN leaders which led to the postponement of the ASEAN Foreign ministers meeting in Cambodia from January to February 2022.
The Gambia’s case against Myanmar at the International Court of Justice in The Hague has started with the first preliminary objections being heard. The Gambia has accused Myanmar of committing genocide against the Rohingya in violation of the UN’s Genocide Convention. The junta’s legal team was led by the junta’s minister for international cooperation Ko Ko Hlaing and attorney general Thida Oo. The junta’s legal team delivered its preliminary objections and The Gambia responded.
The junta also got attention in the past week for expressing its support to Russia for its invasion of Ukraine. "No. 1 is that Russia has worked to consolidate its sovereignty”, Junta spokesman General Zaw Min Tun said, citing the reasons for the junta to support the action by Russia.
United Nations Special Rapporteur on the rights situation in Myanmar Tom Andrews said that UN Security Council members China and Russia, as well as Serbia, have continued to supply the junta with weapons used to attack civilians since the coup. He further urged the Security Council to convene an emergency session "to debate and vote on a resolution to, at a minimum, ban those arms transfers that the Myanmar military is known to use to attack and kill Myanmar civilians".
India for Myanmar Movement sent an open letter to the organizers of the 5th Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) Summit in Sri Lanka, urging them not to invite coup leader Min Aung Hlaing to the summit. The open letter says that in December 2021 the Myanmar military was invited to take part in military exercises of BIMSTEC countries in India and there are records that Myanmar military representatives attended many of BIMSTEC meetings as country representatives. The summit is scheduled to be held on 30 March 2022.
The latest UNHCR report on Myanmar revealed that the number of IDPs across Myanmar has reached a high of 453,000 since the coup. It also said there were an estimated 46,000 refugee movements to neighbouring countries and 980,000 refugees and asylum-seekers from Myanmar fled to neighbouring countries as of 31 December 2020.
As of 25 February 2022, the Assistance Association for Political Prisoners (AAPP) recorded that 1,582 people have been killed by the junta. 9,378 people are currently under detention. 84 have been sentenced to death and 1,973 are evading arrest warrants..."
Source/publisher:
Asian Network for Free Elections (Bangkok)
Date of entry/update:
2022-03-02
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Politics and Government - global and regional - general studies, strategies, theory, Political prisoners and other violations in Burma - reports, Business and the Military, Sanctions
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"MONTHLY HIGHLIGHTS:
● 234 diaspora, CBOs/CSOs, & nonprofit
organizations urged President Biden to
implement a coordinated response against
the Burmese junta on the Feb 1st coup
anniversary.
● 247 CSOs rejected UN Special Envoy Dr.
Noeleen Heyzer’s proposal that those
defying the military must negotiate
power-sharing as a solution.
● Kirin Holdings announced withdrawal
from joint venture with Burmese junta.
● Burmese junta’s approved transfer of
Telenor sale to Lebanon’s M1 Group and
junta-backed Shwe Byain Phyu - putting
18 million civilians’ data at risk.
● Opening of public hearings for the
Rohingya genocide case at the ICJ began
on Monday, February 21st.
● On February 21st, the EU enacted a fourth
round of sanctions targeting 22 individuals
and 4 entities, including MOGE....RECOMMENDATIONS
1. Impose immediate targeted sanctions on the Myanma Oil and Gas Enterprise and the
Myanmar Foreign Trade Bank;
2. Provide immediate cross-border assistance directly to local civil society organizations,
particularly those working in ethnic areas and conflict zones;
3. Recognize and engage with the National Unity Government (NUG) as the legitimate
government of Burma instead of the illegal military junta;
4. Exert all possible pressure through every available means, including multilateral, regional
and bilateral engagement, to ensure that the military allows humanitarian assistance in the
impacted areas, immediately stops offensives throughout the country, and unconditionally
releases all arbitrarily detained protesters and political prisoners..."
Source/publisher:
US Campaign for Burma
Date of entry/update:
2022-03-01
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Individual Documents
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"55 British Parliamentarians from 9 different political parties and Independent MPs have joined the call for aviation fuel sanctions against the Burmese military.
The Parliamentarians are backing Early Day Motion 908, which calls on the British government to introduce sanctions to stop aviation fuel reaching the Burmese military.
Since the military coup last year, the Burmese military are increasingly using airstrikes against civilians, killing and injuring civilians, and forcing hundreds of thousands to flee their homes. This has created a humanitarian crisis.
“The Burmese military are committing crimes against humanity through the indiscriminate bombing of civilians in ethnic states. Sanctioning aviation fuel would help ground the jet planes and stop the bombings,” said Rushanara Ali MP, who tabled the motion.
The Early Day Motion ‘One year anniversary of the military coup in Myanmar’, also calls on the British government to support a referral of Burma to the International Criminal Court (ICC) and to join the Rohingya genocide case at the International Court of Justice (ICJ).
Almost half a million people have been displaced in Burma since the attempted coup. The majority have been displaced because of airstrikes or the threat of air strikes, with jet planes, helicopters and drones circling over villages and preventing people from returning home because of the fear of being bombed. This is mainly taking place in ethnic states and Sagaing region and is causing a humanitarian crisis.
In the parliamentary motion, the MPs “note in horror the increased attacks by the military in ethnic areas including Chin, Karenni and Karen State over the recent months which includes the burning of people alive, torching of villages and killings of children” and demand “an urgent stop to the attacks”.
“The British government has led on sanctions since the coup, systematically identifying sources of revenue for the Burmese military and introducing targeted sanctions. Sanctions now need to be introduced on Burmese companies that supply aviation fuel to the military and British companies involved in any aspect of the supply of aviation fuel, including shipping, insurance and services,” said Karin Valtersson, Campaigns Officer at Burma Campaign UK..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-02-28
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"Burma Human Rights Network is delighted by the newest round of sanctions by the European Union against Myanmar Oil and Gas Enterprise (MOGE). The company has been a lifeline to the junta, providing them with cash flow while they mobilise to enforce their illegitimate rule over the country.
“This is a positive outcome of campaigned by many INGOs and CSOs including BHRN. By targeting this sector, the EU is leading the way for the world against the tyranny of the Burmese junta. The military is spreading itself and its resources thin throughout the country to suppress any resistance to their dictatorship. If the world launches strong sanctions on the military’s business interests and instates an arms embargo, the junta will not be able to continue,” said BHRN’s Executive Director, Kyaw Win.
In previous sanctions rounds against Burma by the EU, MOGE was left untouched. This marks a new level of intensity and seriousness by the international community against the Burmese military.
BHRN calls on the US and UK to take the same measures. Simultaneously a global arms embargo must be imposed on the Burmese military, preventing them from further committing atrocities against their people. The military must be treated as a illegal terrorist regime and given no platform as state representatives. Instead, all nations must come forward and formally recognise the National Unity Government as the only legitimate government of Burma and offer them all necessary support for them to regain the power taken from them by force. At the same time, the NUG must be more inclusive, make sure their policies are aligned with democratic norms and respect the rights of marginalised minorities.
Organisation’s Background
BHRN is based in London and operates across Burma/Myanmar working for human rights, minority rights and religious freedom in the country. BHRN has played a crucial role in advocating for human rights and religious freedom with politicians and world leaders..."
Source/publisher:
Burma Human Rights Network
Date of entry/update:
2022-02-25
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"Global Witness welcomes today’s announcement by the European Union that it is adding Myanmar’s state-owned oil and gas company, Myanma Oil and Gas Enterprise (MOGE), to its sanctions list, along with 22 individuals and three other companies.
The individuals sanctioned include a number of officials from the State Administration Council - the military junta’s governance vehicle. They also include 14 members of the military-appointed Union Election Commission who have helped the military launder its claims of election fraud by invalidating the November 2020 last summer in spite of a glaring lack of evidence.
These sanctions are extremely important and demonstrate that the EU is willing to begin holding those who have helped enable the military’s actions to account. However, it is the EU’s decision to add MOGE to its sanctions list that is the most significant step any member of the international community has yet taken to punish Myanmar’s brutal military junta for its ongoing attempt to take control of the country.
Myanmar’s offshore gas sector provides over a billion USD per year in revenue to the government, money that is now being expropriated by a military junta that has killed over 1,500 civilians since the coup. Activists have been calling for months for the international community to cut off the military’s access to this revenue by sanctioning MOGE, and the EU appears to have finally heeded these calls.
“The addition of MOGE to the EU sanctions list is a hugely important step in targeting the revenue sources helping keep the military afloat,” said Hanna Hindstrom, Myanmar Senior Campaigner at Global Witness. “While the EU and other countries have sanctioned dozens of other entities, the exclusion of MOGE seriously limited the effectiveness of those sanctions. Today’s announcement shows that the EU is finally serious about addressing the main financial lifeline for the military government,” said Hindstrom.
In spite of the clear case for sanctioning MOGE, the past year has seen the EU and US take the side of the oil and gas companies and their lobbyists over Myanmar’s pro-democracy movement. The announcement in late January by Chevron and Total that they would begin withdrawing from the country due to the military’s human rights abuses signaled the companies were finally responding to the pressure and appears to have removed the final barriers for action from the EU.
“This move is a welcome one but long overdue. Now the US and UK must follow suit, and all three must focus on enforcing these crucial economic sanctions,” concluded Hindstrom..."
Source/publisher:
"Global Witness" (London)
Date of entry/update:
2022-02-25
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Sub-title:
Total Energies, Chevron, Other Companies Should Put Shares in Escrow
Description:
"The European Union should swiftly enforce new sanctions targeting Myanmar’s junta and its state-owned oil company, Myanmar Oil and Gas Enterprise (MOGE), Human Rights Watch said today. The EU should also ensure that the withdrawals of EU companies complying with sanctions do not benefit the junta. The United States, United Kingdom, Norway, Japan, Thailand, South Korea, Australia, and other countries should quickly adopt similar measures.
On February 21, 2022, the EU imposed new sanctions on junta officials, junta-linked “cronies,” and junta-controlled businesses including MOGE, which partners with international energy companies in the oil and gas sector.
The new sanctions will require several energy companies to terminate their operations in Myanmar, a significant impact since natural gas earnings are the Myanmar junta’s single largest source of foreign currency revenue. However, ambiguous provisions raise concerns that companies might transfer their stakes to MOGE or to other companies not subject to sanctions.
“If energy companies leaving Myanmar end up transferring their ownership shares or revenues to MOGE’s benefit, this will only further enrich and entrench the abusive and brutal junta,” said John Sifton, Asia advocacy director at Human Rights Watch. “The sanctions are meant to pressure the junta, not to allow Total Energies, Chevron, and others to bolster military rule.”
Since the military coup on February 1, 2021, the junta’s crackdown on opposition has seen mass killings, torture, sexual violence, arbitrary arrests, and other widespread and systematic abuses amounting to crimes against humanity. Continuing military attacks in the country’s ethnic areas have resulted in numerous war crimes.
Companies’ responsible exits from Myanmar should include placing companies’ existing shares or property rights into trust or escrow to ensure the revenues from those shares do not benefit the military. This includes shares of existing exploration or development projects or production or pipeline transportation ventures, Human Rights Watch said.
This is consistent with their responsibilities under the United Nations Guiding Principles on Business and Human Rights, whose commentary states that factors to consider in determining “appropriate action[s]” in cases in which business activities are enabling rights abuses include consideration of “whether terminating the relationship with the entity itself would have adverse human rights consequences.”
Total Energies, Chevron, and Woodside have each stated recently that they plan to withdraw from Myanmar in the coming months. Total Energies, headquartered in France, and Chevron, in the US, are involved in joint operations with MOGE related to offshore gas production and delivery to Thailand. Australia-based Woodside has exploratory and production rights in several other offshore gas fields. The company ENI, based in Italy, is involved in onshore oil production.
Transferring ownership shares to MOGE or a third party outside of EU jurisdiction would have negative consequences by increasing MOGE’s ownership shares and future revenue, strengthening the junta’s resources and capacities. Myanmar’s military uses its foreign currency revenue primarily for the military’s benefit, Human Rights Watch said.
The new EU sanctions appear to prohibit transfers or sales of shares to MOGE, since it is a “sanctioned entity.” However, the measures also temporarily authorize “making available” to MOGE “economic resources” when EU authorities determine that doing so is necessary for “the transfer before 31 July 2022 of shares or interests necessary for the termination of contracts” with MOGE. The ambiguous wording, apparently meant to temporarily license incidental transactions companies make while exiting, could be interpreted to authorize transferring shares to MOGE and should be clarified.
EU governments implementing new sanctions applicable to MOGE – in particular, the French and Italian governments since Total Energies and ENI fall under their jurisdiction – should make clear to companies that their ownership shares cannot be transferred or sold to MOGE.
Companies should urge other energy companies remaining in Myanmar, including current joint venture partners, to place future revenue shares to MOGE into trust or escrow accounts as well. Thailand’s state-owned PTT and South Korea’s POSCO, the two main energy companies remaining in Myanmar, should signal their support for such measures. The largest gas revenue payments to junta-controlled accounts are made via PTT, which purchases approximately 80 percent of Myanmar’s exported natural gas.
If exiting companies determine that they must sell or transfer their shares to another business entity, they should ensure that entities receiving such shares will respect international sanctions and follow international standards on business and human rights.
Human Rights Watch has previously urged other companies exiting Myanmar, including the Japanese beverage company Kirin, to ensure that their shares are not transferred to the military or sold or transferred in a way that benefits the junta.
To help prevent other companies or Myanmar authorities from undermining sanctions, other governments should follow the EU’s lead and impose similar measures specifying that transfers of ownership to the junta are prohibited, Human Rights Watch said. Additional sanctions would also help ensure that the junta isn’t able to evade the new EU sanctions in other jurisdictions.
“The overarching effect of the EU’s new sanctions is to restrict the junta’s access to MOGE revenues,” Sifton said. “Myanmar’s military won’t improve its rights record until the economic impacts of sanctions become too great to bear.”..."
Source/publisher:
Human Rights Watch (USA)
Date of entry/update:
2022-02-24
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"The National Unity Government (NUG) would like to express our profound appreciation of the
European Union (EU) and its member states' continued support of various efforts to restore
democracy and civilian government. We recognize and deeply value EU's contribution to Myanmar's
democratic transition and the peace process in the past few years.
We welcome the appointment of Ambassador Igor Driesmans as the European Union's Special Envoy
for Myanmar. We are looking forward to engaging and collaborating with His Excellency to realize
our goals for Federal Democracy and eliminate all kinds of dictatorship in Myanmar.
The NUG lauds the adoption of the fourth round of sanctions against 22 individuals affiliated with
the military regime and four companies, including Htoo Group, IGE (International Group of
Entrepreneurs), Mining Enterprise 1 (ME 1), and Myanma Oil and Gas Enterprise (MOGE). These
companies generate a significant amount of revenue, especially the MOGE, which enables the junta
to continue to commit crimes against humanity against the people of Myanmar. The sanction is a
powerful instrument in cutting the junta’s sources of revenue, which is a critical pressure point
against Min Aung Hlaing and his self-styled the State Administration Council (SAC).
It has been a year since the military junta robbed us of our rights, undermined our path to democratic
transition, dragged the country to instability, and inflicted humanitarian catastrophe. While the rest
of the world is dealing with the lethal impact of the COVID-19 pandemic, the junta continues to
indulge itself in unspeakable crimes against the people. Millions of people continue to flee to avoid
the junta's brutality. Communities are continuously torched to ashes and indiscriminately bombed.
Thousands continue to be arbitrarily arrested, tortured, and murdered. The people's fundamental
rights are continuously being violated and freedom of expression repressed. The instability induced
by the junta has already led to an unprecedented economic crisis. Our neighbors have been bearing
the coup's cross-border humanitarian and economic impact. The only way for all of these crimes and
atrocities to stop is to restore democracy and eliminate the military dictatorship. Thus, the NUG
strongly urges other countries to follow the EU's sanction against the junta’s revenue streams. We
also urge the EU and the international community at large to put pressure against the countries that
continue to engage in weapons trade with the military junta..."
Source/publisher:
Ministry of Foreign Affairs - Myanmar - NUG
Date of entry/update:
2022-02-24
[field_licence]
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"The European Union (EU) is today the first jurisdiction to impose sanctions on Myanma Oil and Gas Enterprise (MOGE).
MOGE is the junta’s biggest single source of revenue, responsible for financing its terror campaign.
The move comes after TotalEnergies, Chevron, Petronas, Mitsubishi Corporation and Woodside have announced plans to exit from their investments in Myanmar.
The EU has also imposed sanctions on the state-owned No. 1 Mining Enterprise, individual members of the Myanmar military junta and crony conglomerates International Group of Entrepreneurs (IGE) and Htoo Group of Companies.
Justice For Myanmar spokesperson Yadanar Maung says: “We welcome this new round of EU sanctions. The designation of MOGE is a historic win for grassroots activism throughout Myanmar and around the world, after over a year of campaigning to stop oil and gas revenue flowing to the terrorist military junta.
“Sanctions on MOGE are essential to deny the junta the funds it needs to finance its increasing and intensifying violent attacks against civilians, which amount to war crimes and crimes against humanity.
“EU sanctions send a strong signal that the Myanmar junta cannot continue business as usual, but it is not enough.
“Other governments including the US and Japan must now follow with sanctions on MOGE, other military controlled businesses and their significant associates.
“EU sanctions against IGE should send a strong message to POSCO International and Lotte Hotels & Resorts, which continue to partner with IGE in the Lotte Hotel project, on land leased from the Office of the Quartermaster General...”
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-02-22
[field_licence]
Type:
Individual Documents
Category:
Sanctions, Sanctions, Burma's economic relations with the European Union, Sanctions - general
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"New sanctions significant – Aviation fuel must be next.
Burma Campaign UK today welcomed a new round of EU sanctions against the Burmese military and its allies, agreed by EU Foreign Ministers today.
The decision today by the EU Foreign Affairs Council has been published in the official journal of the EU here:
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022D0243&from=EN
The new round is particularly significant for two reasons:
Myanmar Oil and Gas Enterprise (MOGE) has been sanctioned for the first time. During the previous military dictatorship, the EU never imposed sanctions on the gas sector.
It is the first time the EU has imposed sanctions on the Burmese military that were not a direct response to a new atrocity by the Burmese military. This is precedent setting. It represents an understanding that the EU needs to continue to identify and sanction sources of revenue and arms to the military. The UK, USA and Canada have already been pursuing this policy.
“These sanctions are significant and welcome,” said Anna Roberts, Executive Director of Burma Campaign UK. “By targeting the oil and gas sector the EU has leapfrogged the USA, targeting one of the main sources of revenue for the military. The USA, which has broader sanctions powers than the EU, must now follow.”
The sanctions announced by the EU include the state owned and now military controlled Myanmar Oil and Gas Enterprise (MOGE), the state owned and now military controlled No1 Mining Enterprise, crony companies Htoo Group and IGE which provide financial and other support to the military, members of the Burmese military. State Administrative Council, and military appointed members of the Union Election Commission.
EU sanctions on MOGE are a huge campaign success for all the civil society organisations in and from Burma and around the world which have campaigned so hard for gas revenue sanctions.
“There is still much more that the EU can do to ensure European companies are not helping to fund and arm the Burmese military,” said Anna Roberts. “The European Union must also sanction aviation fuel. Airstrikes by Burmese military jets and helicopters have forced hundreds of thousands of people from their home and created a humanitarian crisis...”
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-02-22
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"The Council today adopted a fourth round of sanctions in view of the continuing grave situation and of intensifying human rights violations in Myanmar/Burma, following the military coup in the country on 1 February 2021.
The new listings target 22 persons and 4 entities, including government ministers, a member of the State Administrative Council and members of the Union Election Commission, as well as high-ranking members of the Myanmar Armed Forces (Tatmadaw). As regards the sanctioned entities, these are either state-owned companies providing substantive resources to the Tatmadaw, or private companies closely connected to the Tatmadaw's top leadership. These companies are Htoo Group, IGE (International Group of Enterpreneurs), Mining Enterprise 1 (ME 1) and Myanma Oil and Gas Enterprise (MOGE).
Restrictive measures now apply to a total of 65 individuals and 10 entities, and include an asset freeze and a prohibition from making funds available to the listed individuals and entities. In addition, a travel ban applicable to the listed persons prevents these from entering or transiting through EU territory.
Existing EU restrictive measures also remain in place. These comprise an embargo on arms and equipment that can be used for internal repression, an export ban on dual-use goods for use by the military and border guard police, export restrictions on equipment for monitoring communications that could be used for internal repression, and a prohibition on military training for and military cooperation with the Tatmadaw.
The restrictive measures come in addition to the withholding of EU financial assistance directly going to the government and the freezing of all EU assistance that may be seen as legitimising the junta.
The European Union is deeply concerned by the continuing escalation of violence in Myanmar and the evolution towards a protracted conflict with regional implications. Since the military coup, the situation has continuously and gravely deteriorated.
As a matter of priority, the EU reiterates its calls for an immediate cessation of all hostilities, and an end to the disproportionate use of force and the state of emergency. The European Union will continue to provide humanitarian assistance, in accordance with the principles of humanity, neutrality, impartiality and independence. The EU reiterates its call for the full and immediate respect of international humanitarian law..."
Source/publisher:
Council of the European Union
Date of entry/update:
2022-02-22
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Type:
Individual Documents
Category:
Sanctions, Business and the Military, Sanctions - general
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"Governments and companies in South East Asia that have provided support for Myanmar’s military are revealed in a new section of Justice For Myanmar’s Cartel Finance Map. The map visualises the business links that provide arms, services, finance and investment to the military. Through these business links, the military has effectively financed the Rohingya genocide and the junta’s current campaign of terror against the Myanmar people.
Following its attempted coup in February 2021, the Myanmar military has murdered over 2,000 civilians and arrested over 12,000 more.
The military receives revenue through the business entities that it controls, including Myanma Oil and Gas Enterprise (MOGE), Myanmar Economic Corporation Ltd (MEC) and Myanma Economic Holdings Public Co. Ltd (MEHL), among others.
Governments of the Association of Southeast Asian Nations (ASEAN) are directly implicated through their business interests in Myanmar – via state-owned enterprises, oil and gas companies, arms manufacturers, stock exchanges, banks, significant individual investors and more.
Based on the findings of extensive research, the following are some examples from the map of the economic interests that link Southeast Asian governments and companies to Myanmar’s military junta.
Supplying weapons
Filipino arms manufacturer United Defense Manufacturing Corporation (UDMC) shipped 450 kilos of guns to Myanmar as the military launched its campaign of genocide against the Rohingya in August 2017. Prior to this transaction, UDMC had spent years pursuing a business relationship with the Myanmar military, offering technology transfer and cooperation on arms manufacturing.
In 2020, Indonesia disclosed that its state-owned enterprise, PT. Pindad, has exported bullets to Myanmar. PT. Pindad has a cooperation agreement with arms broker, True North Co. Ltd, which is owned by the Htoo Htoo Shein Oo, the son of the Myanmar military junta’s planning and finance minister, Win Shein.
Energy sector investments that fund the junta
State-owned oil company, Brunei Energy Services & Trading, has a joint investment in three oil blocks in Myanmar with International Group of Entrepreneurs (IGE). IGE is a crony conglomerate owned by Ne Aung, the son of a former military lieutenant colonel and minister for industry under the previous military dictatorship. While development of the blocks is currently suspended, the company owes USD$20 million to the junta-controlled Myanmar Oil and Gas Enterprise (MOGE).
The Government of Thailand is a major investor in Myanmar’s energy sector. PTT Exploration and Production Public Co. Ltd (PTTEP), majority owned by the Thai government, operates the Zawtika gas field and is an investor in the Yadana project in Myanmar. The company is positioned to take over as operator of the Yadana project as well, following decisions by current operator Total, and Chevron, to divest from the project. In 2017-18, the Myanmar government received over USD$40 million for the Zawtika project and over $250 million for the Yadana project. These funds now flow to the junta.
Profiting from surveillance
The Government of Vietnam also invests in Myanmar’s infrastructure via Viettel, a telecommunications company owned by its Ministry of National Defence. Viettel Global is a joint investor, alongside a Myanmar military conglomerate, in mobile telephone company, Mytel. Mytel is controlled by – and is a major source of revenue and technology for – the Myanmar military. Mytel is also known to conduct surveillance on customers and support the military’s communications infrastructure in cooperation with the Myanmar army’s Directorate of Signals..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-02-18
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"Key governments and businesses from the Association of Southeast Asian Nations (ASEAN) that have supplied arms, funds and investments to the Myanmar military are revealed today in a new section of Justice For Myanmar’s Cartel Finance Map.
Explore the Cartel Finance Map
Complicit governments, companies and individuals
Following its attempted coup, the Myanmar military has murdered over 1,500 civilians and arrested more than 12,000 more.
Myanmar military continues its fierce airstrikes and conflict has intensified, killing hundreds more and displacing hundreds of thousands of civilians, creating a humanitarian catastrophe.
Governments, companies and individuals of ASEAN nations are directly implicated in the Myanmar military's grave human rights violations and atrocity crimes.
For example, an Indonesian state-owned enterprise, PT. Pindad, exported bullets to Myanmar in 2020. Pindad has a cooperation agreement an arms brokerage company owned by Htoo Htoo Shein Oo, the son Win Shein, of the Myanmar military junta’s planning and finance minister.
A subsidiary of Thai company, PTT Public Co. Ltd, whose majority shareholder is the Government of Thailand, is an operator and investor in multiple gas exploration projects in Myanmar.
In 2017-18, the Myanmar government received over USD$40 million for one of these gas projects alone and these funds now flow to the illegal junta.
Viettel Global, a telecommunications company owned by the Vietnamese Ministry of National Defence, is a joint investor in mobile telephone company Mytel, alongside a Myanmar military conglomerate.
Mytel provides a major source of revenue for the Myanmar military and – and is a major source of revenue and technology for – the military.
Philippine arms manufacturing company, United Defense Manufacturing Corporation (UDMC), shipped 450 kilos of guns to Myanmar as the military launched its campaign of genocide against the Rohingya in August 2017.
A fugitive from China who hold Cambodian citizenship, She Zhi Jiang, is the main investor who controls the Yatai City project in Shwe Koko, a huge real estate, casino and entertainment development in Myanmar with its own cryptocurrency.
Yatai City is being developed as a joint venture with the Karen State Border Guard Force, a militia group under command of the Myanmar military.
The project is linked to organised crime and land confiscation, and a lucrative source of revenue for the Myanmar military and their associates.
The financial industry of Singapore is a key source of financial support. It is a financial hub for the business activities of the Myanmar military and its partners.
For example, Singapore’s stock exchange has been used by Emerging Towns & Cities Ltd (ETC) to raise funds for a property development that pays USD millions in rent to the quartermaster general’s office of Myanmar army, office tasked with the procurement of weapons.
ETC has suspended trading due to regulatory actions over payments to the quartermaster general’s office, pending independent review.
Singapore Exchange and the Monetary Authority of Singapore may be internationally liable and obliged to pay reparations for harm caused by ETC and other listed companies that are financing the Myanmar military.
Urgent Action needed from ASEAN leaders
Since the illegal coup attempt, no ASEAN country has placed sanctions on the Myanmar military junta and its businesses.
In April 2020, ASEAN leaders, with the presence of Min Aung Hlaing, reached a five-point consensus on the situation in Myanmar.
While no progress has been made towards the agreed goals, ASEAN has allowed the illegitimate Myanmar military junta to continue participate in many of its meetings and hold the rotating chairpersonship of ASEAN Supreme Audit Institutions.
Justice For Myanmar spokesperson Yadanar Maung says: “ASEAN and its member states are implicated in lining the pockets of the terrorist junta and supporting its grave crimes.
“They are not only financing the military’s crimes, but also reputation laundering for a military that kills children, rapes women and attacks displaced people with indiscriminate air strikes.
“ASEAN governments and companies must immediately end business with the military junta and its partners, and stop supplying arms and equipment to the terrorist military..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-02-17
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, 2021 Burma/Myanmar coup d'état, ASEAN-Burma relations
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"Myanmar crony conglomerate, Shwe Byain Phyu group has multiple business links with the Myanmar military junta and its conglomerates.
These include business ties with sanctioned entities and individuals.
Shwe Byain Phyu is in the process of acquiring 80% of Telenor Myanmar through a secretive deal involving the Norwegian state-controlled Telenor Group, M1 Group and the Myanmar military junta.
Shwe Byain Phyu is a founding member of the Myanmar Petroleum Trade Association (MPTA) and the group’s chairperson, Thein Win Zaw, is an MPTA central executive committee member.
MPTA oversees the petroleum distribution market in Myanmar and its members include military conglomerate, Myanma Economic Holdings Limited (MEHL), which is sanctioned in the EU, UK and USA.
Since the illegal coup attempt, MPTA has organised donations of petrol for the Myanmar army, to support the military’s campaign of terror.
MPTA chairperson, Tay Za, is sanctioned in the UK and US.
Shwe Byain Phyu’s own petroleum import, distribution and retail business has operated in partnership with MEHL.
Thein Win Zaw is currently on the board of Myanma Energy Sector Development with Tay Za’s son, Pyae Phyo Tay Za, who is sanctioned in the US.
Through Mahar Yoma Public Company, Shwe Byain Phyu invests in Mytel, a lucrative mobile operator partly owned by the military conglomerate Myanmar Economic Corporation (MEC). MEC is sanctioned in the EU, UK and US.
In 2017-18, the most recent data available, Shwe Byain Phyu group held jade mining licences under joint ventures with Myanma Gems Enterprise (MGE), a state-owned enterprise now under junta control.
Shwe Byain Phyu group director Tin Latt Min, wife of Thein Win Zaw, is a director of Mineral Development Bank, which provides loans for jade and gems businesses. The bank is continuing to provide international banking services for a sector controlled by MGE, and there is a high risk the bank could violate sanctions. MGE is sanctioned in the EU, UK and US.
Htoo Jewellery Company Limited, a subsidiary of Htoo Group, is a shareholder of Mineral Development Bank. Htoo Group is sanctioned in the UK.
Tin Latt Min is a shareholder in Forest Products Joint Venture Corporation (FPJVC), a timber company controlled by the military junta. FPJVC is sanctioned in the EU.
Justice For Myanmar spokesperson Yadanar Maung says: “Shwe Byain Phyu is a conglomerate with deep and longstanding ties to the Myanmar military, including with the previous military junta, military conglomerates and sanctioned entities and individuals.
“The Norwegian government has been turning a blind eye as Telenor Group, a company they control, proceeds to transfer Telenor Myanmar to Shwe Byain Phyu, together with the historical metadata of more than 18 million people.
“This could amount to complicity in crimes against humanity, by handing the military a potent weapon they can use to track down, arrest, torture and murder civil society activists and journalists.
“The grave risks that the sale of Telenor Myanmar poses to the lives of Myanmar people are glaringly clear.
“Telenor must stop fabricating a narrative about how their current course of action is based on human rights considerations and immediately suspend the sale”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-02-13
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, Sanctions - general
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132.74 KB 119.14 KB
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"Burma Campaign UK today launches a new campaign to persuade the UK and other countries to impose sanctions to try to stop aviation fuel reaching the Burmese military.
This past weekend, airstrikes in Karen and Kachin State killed three people and injured several more.
The huge increase in the use of air power by the Burmese military since March 2021 has created a human rights and humanitarian catastrophe. The majority of the more than 400,000 people internally displaced in the past year have been forced to flee their homes because of airstrikes or the threat of airstrikes. Airstrikes have mainly taken place in ethnic states and Sagaing Region.
Civil society organisations in and from Burma have been calling for aviation fuel sanctions in response to airstrikes by the Burmese military.
The indiscriminate bombings of civilian targets are violations of international law, constituting war crimes and crimes against humanity.
Burma Campaign UK is calling for sanctions in two areas. First are sanctions on Burmese companies involved in the supply of aviation fuel to the military. Second are sanctions to stop British companies (or USA, EU companies etc) being involved in any aspect of the supply of aviation fuel to Burma, including insurance and accreditation and certification services.
Burma does not have refining capacity to manufacture its own aviation fuel. It is dependent on imports.
The Burmese military operate jets, aircraft and helicopters from Russia, China, Serbia, and Pakistan which can operate on normal commercial Jet-A1 fuel, rather than needing military grade jet fuel. Therefore, to cut off the supply of aviation fuel to the military it will be necessary to cut off the supply of aviation fuel to Burma. Similar sanctions have been imposed on Syria because of the Syrian regime’s deliberate targeting of civilians using airstrikes.
Aviation fuel sanctions could ground domestic flights. This would impact comparatively few people and would be a small inconvenience compared to the devastating impact of airstrikes. The United Nations does not use domestic airlines to deliver aid.
Regarding international flights, most airlines already avoid refuelling in Burma because of the high costs of imported aviation fuel. Some long-haul flights may be impacted and might need to refuel in neighbouring countries. Again, this is a small inconvenience compared to the humanitarian crisis being caused by airstrikes by the Burmese military.
Burma Campaign UK is still in the process of researching international companies involved in the supply of aviation fuel and will be publishing briefing papers with more information soon.
“If Burmese military aircraft can’t fly, they can’t bomb,” said Mark Farmaner, Director of Burma Campaign UK. “Airstrikes by the Burmese military have created a humanitarian crisis. Hundreds of thousands of people are displaced and in desperate need of aid. Anything that can be done to reduce to supply of aviation fuel to the military could save lives. Liz Truss must prioritise sanctioning the supply of aviation fuel to the military. Companies involved in the supply of aviation fuel to the military are complicit in the bombing of civilians and violations of international law.”
Burma Campaign UK is asking supporters to write to British Foreign Secretary Liz Truss, calling on her to impose sanctions on aviation fuel..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2022-02-08
[field_licence]
Type:
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Title: Leaked documents reveal military-linked companies procured USD millions in arms and equipment
Description:
"Leaked documents and shipping records provide evidence of the involvement of the International Gateways Group of Companies Limited (IGG), Myanmar Consultancy Company Limited and Myanmar New Era Trading Company in procuring arms and equipment for the Myanmar military worth millions in US dollars.
The leaked documents, some of which have been published on the Justice For Myanmar website, reveal a long history of these companies’ procurement activities on behalf of the Myanmar military.
One leaked document shows that a subsidiary of IGG – Gateways Hongkong Company Limited – was awarded at least 12 contracts worth over USD$8 million to supply aircraft parts to the Myanmar air force in the 2015-2016 fiscal year.
Another leaked document from the Ministry of Defence details five purchases by the same company of components for aircraft and weapons for warships between 2016 and 2017, totalling over USD$3.7 million.
Eighteen people – four of whom are family members – have filled the roles of directors and shareholders of these key military-linked companies.
These individuals also operate branches in Singapore. Myanmar arms brokers typically use Singapore to facilitate payments between the Myanmar military and international arms suppliers.
Among them, Dr Naing Htut Aung is a central figure in Myanmar’s arms trade who facilitates air force and navy contracts with suppliers, notably in China.
He is linked to top-level military leaders, including current Commander-in-Chief and war criminal, Senior General Min Aung Hlaing.
The Ministry of Commerce of Myanmar’s National Unity Government listed Dr Naing Htut Aung and IGG in a statement on January 25 for brokering weapons for the terrorist junta.
Another significant company, Myanmar Consultancy Company Limited, has supplied parts to the Myanmar military after the attempted coup, according to records from the shipping database, ImportGenius.
Further sanctions needed
Justice For Myanmar spokesperson Yadanar Maung comments: “February 1 marked one year since the Myanmar military launched its bloody coup attempt. Over the past year, Myanmar’s military has killed over 1,500 unarmed civilians and arrested over 11,000 more.”
“The junta is continuing its terror campaign with indiscriminate airstrikes, shelling, forced displacement and rape.
“More than 400,000 civilians have forcibly displaced since the military’s coup attempt, according to UNHCR.
“The junta has been destroying and blocking humanitarian emergency aid to vulnerable populations and attacking medical and aid workers.
“These crimes are enabled by the continued supply of arms from companies like International Gateways Group and Myanmar Consultancy Company.
“Justice For Myanmar calls on governments around the world to urgently place targeted sanctions on the companies and individuals who are providing arms to the military, and are thereby complicit in the continued attacks on the people of Myanmar.
“There must be an immediate global arms embargo to stop the flow of arms to the terrorist junta.
“Singapore continues to allow known arms traders to use its territory to aid and abet the Myanmar military’s atrocities. Singapore must ends its role as a hub for Myanmar military procurement.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-02-07
[field_licence]
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Individual Documents
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"Telenor Group is about to sell its Myanmar telecom business to a company half-owned by a Myanmar military-linked conglomerate.
In so doing, Telenor, a Norwegian telecom giant 53.97% owned by the Norwegian government, is set to enrich the murderous, illegitimate junta and risk personal details of 18 million Myanmar subscribers falling into the hands of war criminals.
Documents seen by independent media outlet, Myanmar Now, indicate that the crony conglomerate Shwe Byain Phyu will be the majority owner of the mobile operator after junta intervention in the sale. Two members of the junta’s State Administrative Council are involved in the purchase.
The sale will reportedly be completed by February 15.
New ownership structure
The junta “privately” approved the protracted sale of Telenor's operation in Myanmar to M1 Group, a controversial investment company co-owned by the current prime minister of Lebanon, and Shwe Byain Phyu last month, Reuters reported on January 21.
The company acquiring Telenor’s Myanmar subsidiary is called Investcom Myanmar.
It appears this ownership is in part routed through Singapore.
Shwe Byain Phyu currently owns 49% of Investcom Pte. Ltd., a Singapore holding company set up by M1 Group. M1’s shares are held by a shell company in the Cayman Islands, the notorious secrecy jurisdiction.
Telenor has refused to confirm the involvement of Shwe Byain Phyu in the deal, or which legal entity they are selling to, in an alarming lack of transparency.
According to new evidence seen by Justice For Myanmar, Telenor stated to the junta's telecommunications regulator in October that their deal with M1 allows it to transfer ownership to a local company.
This suggests Telenor is involved in a cover-up with the military junta, knowingly selling to a military-linked company, while misleadingly stating to the public that the sale is to M1 Group.
This may be a legal attempt to create plausible deniability.
Involvement of military generals in the deal could potentially violate the European Union’s restrictive measures on Myanmar if they are found to control Shwe Byain Phyu.
The junta’s intervention in the sale, the involvement of top generals and the fact that Shwe Byain Phyu seemingly has no experience in telecommunications suggests it could be indirectly under military control.
EU sanctions prohibit the making of economic resources available to sanctioned persons and apply when a listed person controls an entity.
Control is defined as “the right to exercise a dominant influence over Entity X, pursuant to an agreement entered into with Entity X” or “the power to exercise a dominant influence… without being the holder of that right”, according to EU guidance on Myanmar sanctions. This applies to front companies.
Norway is a member of the European Economic Area and generally abides by EU sanctions. Telenor has stated that it is subject to EU and Norwegian sanctions.
There is now a very real likelihood that if the sale is completed, Telenor Myanmar revenue will flow to the junta and finance its atrocity crimes.
Justice For Myanmar calls on Norwegian authorities to immediately intervene to terminate the sale.
Justice For Myanmar spokesperson Yadanar Maung says: “It is appalling that Telenor is acting in complicity with the illegal military junta to sell their business, and cover-up who the buyers are.
“Telenor’s irresponsible sale is likely to help finance the bullets, bombs and jet fuel that enable the military junta’s war crimes and crimes against humanity.
“The Norwegian government, which is the majority owner of Telenor Group, will be responsible for the immense harm to the people that will be caused by this sale.
“The Norwegian government must immediately stop the sale and investigate Telenor’s deal with the military junta.”
Shwe Byain Phyu’s telecommunications businesses
As reported by Myanmar Now, Shwe Byain Phyu changed the name of its manufacturing business to “Shwe Byain Phyu Telecom Company” on November 3, 2021.
Justice For Myanmar has found that on the same day, Shwe Byain Phyu also created a new telecommunications business, named One Telecom Co. Ltd.
One Telecom’s registered address is the Naypyidaw gems and jewellery market, which is the principal place of business of Shwe Byain Phyu Co. Ltd.
Shareholders of One Telecom include Shwe Byain Phyu founder Thein Win Zaw and his family members.
After multiple board appointments and resignations within the first month, Shwe Byain Phyu executive director Soe Thiha is the sole remaining board member.
Also in November, Reuters reported that Shwe Byain Phyu was in talks with M1 Group under pressure from the military junta..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-02-05
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UK joins US and Canada in coordinated action against Myanmar military regime, targeting individuals responsible for undermining democracy and rule of law.
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"new UK sanctions against military regime enforced in joint action with allies
three individuals targeted for their involvement in undermining democracy and the rule of law
Foreign Secretary condemns the military coup and calls for return to democracy
Announced on the eve of the 1-year anniversary of the military coup in Myanmar, the UK has designated new sanctions against 3 key members of the regime who have been instrumental in suppressing democracy and stifling opposition voices.
In coordination with the United States and Canada, new sanctions will be brought against:
Dr Thida Oo, Myanmar Attorney General
U Thein Soe, Chair of the Union Election Commission
U Tin Oo, the Chair of the Anti-Corruption Commission
All 3 individuals are responsible for disregarding the Myanmar election results in November 2020 and supporting unsubstantiated claims of electoral fraud in an attempt to legitimise the coup.
The Attorney General and Anti-Corruption Commission Chair are also responsible for stifling pro-democracy groups across the country and overseeing the sentencing of democratically elected leaders, including Aung San Suu Kyi and President Win Myint, on trumped-up charges.
Foreign Secretary Liz Truss said:
Over the last year, the military regime has attempted to terrorise the people of Myanmar into submission. Through fear and violence, they have created division and conflict.
The UK will always defend the right to freedom, democracy and the rule of law. With like-minded nations, we will hold to account this suppressive, brutal regime.
This latest round of sanctions will freeze the assets of these individuals and enforce a travel ban preventing them coming to the UK. They come on top of previous designations on dozens of individuals as well as businesses and business networks to limit the junta’s access to finance.
The designations demonstrate the UK’s commitment to target the junta’s personal, political and financial interests as they continue to perpetrate violence and refuse to engage with the democratic wishes of the people of Myanmar.
The UK is working with international partners to speak out for the Myanmar people, push for the full implementation of the ASEAN Five Point Consensus, stem the flow of arms to the regime and ensure the perpetrators of human rights violations are held accountable.
Since the coup, the UK has also provided £49.4 million to support those in need of humanitarian assistance in Myanmar, deliver health and education for the most vulnerable, and promote rights and freedoms. This funding is delivered through trusted aid agencies and partners, rather than through the junta.
Our humanitarian programmes have reached over 600,000 people, providing lifesaving water, sanitation and food..."
Source/publisher:
Govt. UK (London)
Date of entry/update:
2022-01-31
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"Justice For Myanmar has published comparative data on targeted sanctions imposed on the Myanmar military junta, their businesses and associates since the illegal attempted coup on February 1, 2021.
The data shows an inconsistent approach among key international governments and that far more needs to be done urgently.
Some sanctions have been imposed by the US, UK, Canada and EU on senior junta individuals and some of the junta’s business interests.
Yet, less has been done to designate individuals in senior roles within the Myanmar military and junta-controlled ministries and businesses who are directly complicit in the junta’s serious human rights violations and corruption.
One year after the attempted coup, key junta businesses including Myanma Oil and Gas Enterprise (MOGE) and Telecom International Myanmar (the company that owns Mytel) still have yet to be sanctioned.
MOGE is a state-owned enterprise under Myanmar military control that generates the most significant amount of revenue for the terrorist junta.
Far too little has been done to designate individuals and entities involved in the supply of arms and dual-use goods.
Meanwhile, regional democracies Australia, India, Japan and South Korea have failed to impose any targeted sanctions since the attempted coup.
Australia passed a Magnitsky-style sanctions bill on December 2, 2021, but no sanctions have yet been imposed under the act.
Companies domiciled in these countries continue to pursue business with the Myanmar military junta and its conglomerates.
Justice For Myanmar spokesperson Yadanar Maung says: “It has been one year since the military’s brutal and illegal attempted coup and four years since the military’s campaign of genocide against the Rohingya.
“The junta’s terror campaign has only intensified, as it continues to commit war crimes and crimes against humanity with total impunity.
“While we welcome the targeted sanctions that have been imposed by the US, UK, Canada and EU, far more needs to be done.
“It is unacceptable that major military-controlled businesses and known arms suppliers continue to escape sanctions and are able to pursue business as usual, financing the junta’s international crimes.
“Also currently unsanctioned are far too many junta members, including military personnel who are responsible for war crimes and crimes against humanity.
“It is time for the international community to get serious and use sanctions to cut off the flow of revenue and arms to the junta.
“Shamefully, Australia, India, Japan and South Korea have not imposed any targeted sanctions in response to the Myanmar military's illegal coup attempt.
“They need to step up and immediately take action by imposing targeted sanctions on the Myanmar military junta and its conglomerates.
“Their allies in the US, UK, Canada and EU, who have already imposed some sanctions, also have a role to play pushing these laggards to act.
“New Zealand was quick to formally suspend high-level contact with the Myanmar military junta. However, it has failed to follow this up with targeted sanctions beyond a travel ban imposed on five senior junta officials. This is not good enough.
“Faced with horrific atrocities, the people of Myanmar continue to sacrifice their lives for federal democracy and peace. The international community must listen to their voices and act in solidarity.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-01-28
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Sub-title:
Groups Urge Canberra to Act Ahead of Military Takeover Anniversary
Description:
"The Australian government, one year after Myanmar’s February 1, 2021 military coup, should impose targeted sanctions on Myanmar’s abusive military leaders and their business interests, six nongovernmental organizations said in a letter to Foreign Minister Marise Payne released today.
In December the Australian government passed amendments to enable targeted sanctions against serious human rights abusers, but the sanctions have not been used. In the past year governments such as the United States, the United Kingdom, Canada, and the European Union have imposed various targeted sanctions against Myanmar individuals and entities.
The letter was signed by the Australian Centre for International Justice, Australian Council for International Development, Australian Council of Trade Unions (ACTU), Human Rights Watch, Publish What You Pay, and the Refugee Council of Australia.
Since the Myanmar military overthrew the elected civilian government last year, the Australian government has not imposed any additional sanctions on military leaders or their business interests. Since then, the military junta has carried out a nationwide crackdown on anti-junta protesters and the political opposition that amounts to crimes against humanity.
State security forces have killed more than 1,500 people, most recently the horrific summary execution of at least 39 people, including 4 children and 2 humanitarian workers, in Karenni State, yet no one has been held accountable for these crimes. Australia should demonstrate its strong public opposition to these atrocities by announcing targeted sanctions on February 1, 2022, the organizations said.
On January 27, the Australian company Woodside, a natural gas producer, announced it was exiting from Myanmar, underscoring the need for coordinated and targeted sanctions from Australia, the US, EU, and other concerned governments on Myanmar’s natural gas revenues.
The letter to Australia’s foreign minister lists the individuals and entities who should face sanctions. Acting on that list should serve as a starting point for the Australian government to harmonize its position on Myanmar with like-minded governments.
Quotes from signatories to the letter:
“Australia should mark the one-year anniversary of Myanmar’s coup by joining join its allies in imposing targeted sanctions against Myanmar’s abusive generals and military-owned businesses. The Australian government should heed the calls of people in both Australia and Myanmar to help deprive the military of its revenue sources and to maximize pressure on the junta to end its campaign of terror.”
Elaine Pearson, Australia director at Human Rights Watch
“The Australian government needs to act by introducing targeted sanctions, and not just wring its hands. The Myanmar generals stand accused of committing genocide and crimes against humanity against the Rohingya people and snuffing out democratic government, and attacking their own people for voicing democratic aspirations. When will the Australian government stand up for freedom and democracy?”
Marc Purcell, chief executive officer of the Australian Council for International Development
“A year on from the military coup in Myanmar, the Morrison government has failed to introduce further sanctions against Myanmar’s military leaders and business interests – putting Australia behind likeminded countries like the US, UK and EU. Workers in Myanmar are risking their lives to protest the military takeover while the Morrison government sits idly by, when they should be taking action to support democracy.”
Michele O’Neil, president of the Australian Council of Trade Unions (ACTU)
“The mining, oil and gas sectors are like an ATM for Myanmar’s murderous military. The Australian government should introduce sanctions that will outlaw Australian mining, oil and gas companies lining the pockets of the generals with tax and royalty payments.”
Clancy Moore, Australian director of Publish What You Pay..."
Source/publisher:
"Human Rights Watch" (USA)
Date of entry/update:
2022-01-28
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Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Business and the Military, Sanctions, Anti-coup protesters, Human Rights and international relations
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"Justice For Myanmar reviews international sacntions since the attempted coup
One year after the Myanmar military's illegal coup attempt, Justice For Myanmar has compared targeted sanctions imposed by some democracies. Targeted sanctions are a crucial mechanism to stop the flow of funds to the terrorist junta and to take action against those responsible for human rights violations and corruption.
We looked at the sanctions track record of Australia, Canada, the European Union, India, Japan, New Zealand, South Korea, the UK and the USA since February 1, 2021.
Comparison of sanctions designations by country: Download Excel File (16 kb)
English Press Release: Download PDF (150 kb)
Appallingly, since the Myanmar military's attempted coup, Australia, India, Japan and South Korea have not imposed any targeted sanctions.
Companies from those countries, and in some cases, governments, are implicated in ongoing business with the military junta.
For instance, the Japanese state-backed Y Complex project involves payments to the Myanmar Army's Office of the Quartermaster General, although payments have been suspended since February 1, 2021.
The Shwe Gas project, which involves a collaboration between South Korea's state-owned company, KOGAS, POSCO International and the junta-controlled Myanma Oil and Gas Enterprise, continues to bankroll the junta.
The majority state-owned Bharat Electronics Limited has transferred technology to the Myanmar military since its attempted coup.
Business with the junta and its conglomerates enables its widening campaign of terror.
Through their inaction – at best – and complicity, at worst, Australia, India, Japan and South Korea are failing to uphold their human rights responsibilities and failing the people of Myanmar. We call on them to change direction and support democracy and human rights in Myanmar.
Australia passed a Magnitsky-style sanctions bill on December 2, 2021, but no sanctions have yet been imposed under the act.
While New Zealand acted swiftly to formally suspend high-level contact with the Myanmar military junta, it too has failed to follow this up with targeted sanctions, with the exception of a travel ban imposed on five senior junta officials. This is insufficient. New Zealand does not have a Magnitsky law.
Some sanctions have been imposed by the US, UK, Canada and the EU on senior junta individuals and some of the junta’s business interests. Yet, not enough has been done to designate individuals and entities linked to the Myanmar military junta's serious human rights violations and corruption.
For instance, despite evidence that oil and gas bankrolls the military junta, enabling its continued atrocity crimes, sanctions have not yet been imposed on Myanma Oil and Gas Enterprise (MOGE). MOGE is a state-owned enterprise under Myanmar military control that generates the most significant amount of revenue for the terrorist junta.
Key military-controlled businesses, their directors and associates have also yet to be sanctioned, despite their well-documented links to the Myanmar military's international crimes.
A notable example is Telecom International Myanmar, the company that owns Mytel. Mytel provides a lucrative source of revenue for the terrorist junta and supports the military's communications capabilities.
Apart from the UK's sanctions designation against Htoo Group, and the US Commerce Department's designaton of King Royal Technologies, no sanctions have been imposed on individuals and businesses that supply arms and dual-use goods to the Myanmar military, despite growing evidence of the military's network of private arms brokers.
Targeted sanctions are an important tactic for the international community to deploy in support of the Myanmar people's overwhelming rejection of the attempted coup and the struggle to build a federal democracy. Justice For Myanmar continues to call for wide-ranging international action, including targeted sanctions and a global arms embargo..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-01-28
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Individual Documents
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2021 Burma/Myanmar coup d'état, Sanctions, Business and the Military, Human Rights and international relations
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Sub-title:
Energy Companies’ Withdrawal Underscores Need for New Sanctions
Description:
" Myanmar’s military will continue to collect massive revenues from natural gas and other extractive sectors unless new targeted sanctions block foreign currency payments supporting the junta’s abusive rule, Human Rights Watch said today. On January 21, 2022, TotalEnergies and Chevron announced plans to leave Myanmar, but natural gas revenue to the junta will continue because other companies will take over their operations.
The United States, European Union, United Kingdom, Japan, and other concerned governments should now adopt a common position to impose sanctions on all natural gas revenues. Thailand’s state-owned PTT and South Korea’s POSCO, the two main energy companies remaining in Myanmar, should signal their support for such measures.
“After nearly a year in power, Myanmar’s junta is continuing to commit horrific abuses without facing significant costs from the international community,” said John Sifton, Asia advocacy director at Human Rights Watch. “Junta leaders are not going to turn away from their brutality and oppression unless governments impose more significant financial pressure on them.”
Natural gas projects in Myanmar generate over US$1 billion in foreign revenue for the junta annually, its single largest source of foreign currency revenue. The money is transmitted in US dollars to the Myanmar Oil and Gas Enterprise (MOGE) and other military-controlled bank accounts in foreign countries in the form of fees, taxes, royalties, and revenues from the export of natural gas, most of which travels by pipeline to Thailand or China.
In its announcement on January 21, TotalEnergies said that the company was withdrawing from Myanmar due to the deteriorating human rights situation, which “no longer allows TotalEnergies to make a sufficiently positive contribution in the country.” TotalEnergies, in partnership with Chevron and PTT, has since the 1990s operated the Yadana gas project, one of the country’s largest fields. Chevron sent a brief statement to journalists the same day, stating that it was making “a planned and orderly transition that will lead to an exit from the country.”
TotalEnergies’ announcement reiterated points made by its CEO, Patrick Pouyanné, in a January 18 letter to Human Rights Watch, stating that the company had informed French and US authorities that it “supports the implementation of such targeted sanctions” to stop financial flows to MOGE.
Since staging a coup on February 1, 2021, Myanmar’s military has carried out a nationwide crackdown on anti-junta protesters, activists, and the political opposition, featuring widespread killings, torture, and other abuses, amounting to crimes against humanity. It has renewed military operations in ethnic minority areas that have resulted in numerous violations of the laws of war, including war crimes. TotalEnergies has faced growing pressure over the past year from across Myanmar civil society as well as from international rights groups and institutional investors to suspend payments to the junta or support sanctions that would block such payments.
Following the coup, the US, Canada, UK, and EU member states imposed targeted economic sanctions on junta leaders and companies controlled by the Myanmar military, but not on MOGE or payments it receives. The French and the US governments, as well as the EU, have not supported such measures.
The US and EU in particular are in key positions to impose sanctions since payments in the gas sector – even those handled by non-US and non-EU companies – are typically made in US dollars and involve correspondent US and EU banks. Sanctions by the US and EU can stop payments made in US dollars or Euros even by banks in Thailand, Singapore, South Korea, and other locations, since those banks always ultimately need correspondent US and EU banks – which are subject to US and EU law – to finalize, or “settle,” large dollar or Euro transactions.
When TotalEnergies and Chevron depart Myanmar, the flow of funds to the junta will not be disrupted. TotalEnergies reported that it will continue operating the Yadana field and pipeline for six months according to existing agreements, which also stipulate that “in the event of withdrawal, TotalEnergies’ interests will be shared between the current partners, unless they object to such allocation, and that the role of operator will be taken over by one of the partners.”
PTT, the remaining foreign project partner in Yadana, which currently holds 25.5 percent of the project, announced it was “considering potential directions of the Yadana project.”
The largest gas revenues that are paid to junta-controlled accounts are made via PTT, which purchases approximately 80 percent of Myanmar’s exported natural gas from Yadana as well as the Zawtika gas field, which it operates itself. In addition, PTT owns stakes in joint ventures with POSCO, which transports and sells gas to China. Human Rights Watch has previously written to all of these companies and their shareholders, urging them to support sanctions on gas revenues.
“Energy company departures from Myanmar will be only gestures so long as the junta keeps making money,” Sifton said. “The US and EU urgently need to impose measures that will have real economic impact on the junta, if there is to be any progress on human rights.”..."
Source/publisher:
"Human Rights Watch" (USA)
Date of entry/update:
2022-01-26
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"We, the undersigned Rohingya worldwide organisations, urge President Biden of the United States of America and President Macron of France to urgently introduce sanctions on gas revenue in Burma. Gas extraction projects which involve American Chevron and French Total provide hundreds of millions of dollars in revenue to the Burmese military annually. This money helps pay for the military’s crimes including killing of children and indiscriminate bombings of villages.
So far both President Biden and President Macron have blocked sanctions on the gas industry, protecting the profits of American and French companies ahead of the lives of Burmese people. This urgently needs to change.
It is almost one year since the military coup in Burma on 1 February 2021. The US, EU, UK and Canada have imposed a number of sanctions on sources of income for the Burmese military, include on timber and gems, but gas production, which is one of the military’s biggest revenue sources, has so far gone untouched.
We Rohingya had to witness the genocide of our people go largely unpunished by the international community. This lack of accountability led the Burmese military to believe they could get away with the military coup. They are now attacking people all over Burma, killing children, burning villages and torturing with impunity. 300,000 people have had to flee their homes since the coup. It all echoes what the Rohingya has had to suffer at the hands of the military, and we are standing in solidarity with our fellow brothers and sisters across Burma. They are bravely resisting the military one year on from the coup, and paying for this with their lives. The international community needs to do everything they can to support them. We cannot let the Burmese military get away with impunity anymore.
Waging war costs money, and sanctions on gas revenue would stop the military getting their hands on hundreds of millions of dollars which currently help fund their crimes against the Burmese people, which amounts to crimes against humanity.
We urge President Biden and President Macron to stand with all the people of Burma in their resistance to the military coup by introducing sanctions on gas revenue..."
Source/publisher:
Rohingya Today
Date of entry/update:
2022-01-20
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2021 Burma/Myanmar coup d'état, Sanctions, Business and the Military, Rohingya (cultural, political etc.)
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Sub-title:
Clear Path for US, France, EU to Block Gas Revenue Payments to Junta
Description:
"(Paris) – The French company TotalEnergies has signaled support for targeted sanctions on Myanmar’s natural gas revenues to block the country’s abusive military junta from profiting from hundreds of millions of dollars in payments, Human Rights Watch said today.
TotalEnergies acknowledged the shift in a response to a letter from Human Rights Watch urging the company to support sanctions to stop gas payments to Myanmar military-controlled entities. TotalEnergies has operated the Yadana gas project in Myanmar since the 1990s, which pays revenues to the junta-controlled Myanmar Oil and Gas Enterprise (MOGE).
“The fact that both TotalEnergies and human rights groups now support sanctions on Myanmar’s gas revenues leaves the US and European Union without any excuses to delay action,” said John Sifton, Asia advocacy director at Human Rights Watch. “These governments should immediately impose measures vitally needed to target funds that pay for the junta’s abusive rule.”
In a January 18, 2022 letter to Human Rights Watch, the TotalEnergies CEO, Patrick Pouyanné, said the company had spoken with French and US authorities concerning the implementation of targeted sanctions on gas revenue flows and said that it “will not only comply with any sanction decision from the European or American authorities but also supports the implementation of such targeted sanctions.”
TotalEnergies also formally asked the French Ministry of Foreign Affairs to put in place sanctions that would create “a legal framework to respond to calls requesting us to stop the financial flows” to MOGE.
Since overthrowing the democratically elected government on February 1, 2021, Myanmar’s military has carried out nationwide crackdowns on anti-junta protesters, activists, journalists, and the political opposition, killing more than 1,400 people and amounting to crimes against humanity. Renewed attacks on ethnic minority areas have resulted in numerous war crimes. TotalEnergies has faced growing calls over the past year to suspend payments to the junta from Myanmar civil society and labor organizations, as well as pressure from institutional investors.
Since the coup, the US, Canada, United Kingdom, and EU member states have imposed targeted economic sanctions on junta leaders and several conglomerates and companies owned or controlled by the Myanmar military, but not on MOGE or payments it receives. The French government of President Emmanuel Macron has not supported such measures. The administration of US President Joe Biden has been unwilling to impose sanctions on gas payments unilaterally without the support of France and other EU nations.
The US and France should now reach a common position on imposing such sanctions, Human Rights Watch said.
Natural gas projects in Myanmar generate over US $1 billion in foreign revenue for the junta annually, its single largest source of foreign currency revenue. The money is transmitted in US dollars to MOGE or other military-controlled bank accounts in foreign countries, in the form of fees, taxes, royalties, and dividends from the export of natural gas, most of which travels by pipeline to Thailand or China.
The largest gas revenues paid are made via the majority Thai state-owned PTT, which purchases approximately 80 percent of Myanmar’s exported natural gas from joint ventures owned with TotalEnergies, Chevron, and MOGE. PTT separately owns stakes in joint ventures with the South Korean company POSCO, which transports and sells gas to China. Human Rights Watch has previously written to all of these companies and their shareholders, urging them to support sanctions on gas revenue.
“TotalEnergies’ support for sanctions should be an example to other energy companies operating in Myanmar, as well as to the Thai government, the single biggest buyer of Myanmar gas,” Sifton said. “Board members and institutional investors in other companies should push them to follow TotalEnergies’ decision.”
One critique of sanctions is that they might shut down gas operations completely, harming the general population. However, targeted sanctions on revenue and tax payments would not disrupt operations, just the flow of funds to the junta. The EU and US are in a key position to impose sanctions since payments for gas operations are made in US dollars and involve multinational banks that fall under the jurisdiction of EU and US law. Sanctions by those authorities can stop payments made by banks in Thailand, Singapore, South Korea, and other locations because foreign banks must comply with EU and US authorities when they ultimately require EU and US banks to process, or “settle,” Euro or dollar transactions.
“With TotalEnergies’ announcement, governments now have no reason to oppose or avoid tough measures that show support to the millions of people in Myanmar who want justice and accountability,” Sifton said. “Junta leaders are only going to turn away from their brutality and oppression if the economic costs of their abuses are too great for them to bear.”..."
Source/publisher:
"Human Rights Watch" (USA)
Date of entry/update:
2022-01-20
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Individual Documents
Category:
Sanctions, Business and the Military, Oil and gas, Natural Resource Use: global and regional, 2021 Burma/Myanmar coup d'état
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"As trade in Myanmar teak continues amidst sanctions, a ban on all Myanmar timber imports is necessary.
Since the illegal attempted military coup in February 2021, the United States has imported 1,565 metric tonnes of teak from Myanmar, even though sanctions began soon after.
Following the attempted coup, the Myanmar military has carried out acts of terrorism against Myanmar people, murdering over 1,400 civilians and imprisoning 11,000 more, indiscriminately bombing and shelling communities and committing mass killings with total impunity.
In response, the United States has imposed multiple targeted sanctions, including on the state-owned Myanma Timber Enterprise (MTE).
MTE has sole responsibility for the sale of timber in Myanmar, auctioning logs for export. The forestry industry in Myanmar is effectively controlled by MTE.
According to MTE’s website, its Export Marketing and Milling Department has competencies that “cover the timber supply chain from the moment of truck, barge and train load arrive at timber depots until the transfer of the ownership of the cargoes to the customer at ports and terminals”. MTE operates teak sawmills that produce scantling for export and the enterprise regulates the private sector trade.
Since the military’s attempted coup, MTE has come under the control of the Myanmar military junta. Through MTE, the junta takes a percentage of export revenue, and this helps finance their atrocities.
The US Department of the Treasury’s Office of Foreign Assets Control (OFAC) imposed sanctions on MTE, with the justification that the timber industry is a key economic resource for the Myanmar military junta.
Yet, from February to the end of November, US businesses continued to import teak from Myanmar, according to data from the global trade database, Panjiva.
The 82 shipments largely consisted of teak board and scantling that are used for shipbuilding, outdoor decking, and furniture.
The first shipment of teak after the attempted coup arrived on February 18 and the most recent shipment arrived in December.
In fact, there was a sharp increase in teak exports to the US a few months after the sanctions were imposed, which may coincide with the timing of teak auctions held by the MTE.
When looking at the total number of shipments from February to November 2021 compared with the same time period in previous years, it is evident that the flow of teak from Myanmar to the United States has been quite consistent.
But how are these exports possible when the US has sanctions in place?
See a list of businesses and individuals involved in the Myanmar teak trade with the US: Download Excel File (25 kb)
Evading weak sanctions by trading via intermediaries
The answer is that importers in the US are purchasing timber from private companies that are acting as brokers in Myanmar; they are evading sanctions by not buying directly from MTE.
These private companies include major teak traders, some of which have reportedly placed winning bids at MTE auctions since the attempted coup.
The private companies that act as brokers buy the timber from MTE in Myanmar, then export it, sometimes through foreign freight companies.
While the data analysed for this feature only captured teak exports directly from Myanmar to the United States, it is likely that even more teak is being exported to the US via third countries such as China. So, the overall amount of teak exported since the attempted coup is expected to be significantly more.
This indirect trade between companies in the US and MTE may not have attracted penalties from OFAC at this stage, but it still appears to contravene US sanctions.
Sanctions imposed by the United States on MTE prohibit “the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any blocked person”.
Considering that timber exported from Myanmar is originally auctioned by MTE, the military junta still receives funds from the various charges applied, no matter who officially exports the timber.
A report from Myanmar’s Extractive Industries Transparency Initiative shows that the state received almost USD$100 million in revenue from taxes and royalties applied to timber trade in the 2017-2018 financial year, the last year for which data is available.
The country’s total revenue from the forestry industry that year was USD$322 million, so the taxes and royalties now flowing to the military junta from the post-attempted coup timber trade are significant.
Considering the scope of the problem and potential for the illegal military junta to gain vast sums of money to fund their atrocity crimes, it is clear that further action is essential.
Lack of transparency makes trade after sanctions difficult to trace
Before the coup attempt, MTE used to announce details of its upcoming timber auctions in advance and disclose some of the auction outcomes.
The last auction in which winning bidders were disclosed was held on January 28, 2021. As full payments were due within 75 days, the funds were likely received by the illegal military junta.
After the attempted coup, MTE's official disclosure of successful auction bidders is no longer publicly available on its website. It is likely that only businesses and timber companies close to the military junta will have access to this information, which is concerning because this information is critical to taking action against companies circumventing sanctions.
Yet, according to information published in state-run newspapers controlled by the military and other media reports, at least nine open timber auctions have been held since the coup that included teak.
The Lacey Act must be enforced
Since 2008, amendments to the Lacey Act in the United States have prohibited the importation of illegally sourced timber.
It requires companies to take due care to ensure that timber they purchase – including from overseas sources – has been harvested legally and to declare its country of origin.
While this law addresses illegal logging – and does not include purchasing from an illegal military junta in its scope – it does require some transparency about the timber supply chain.
It’s very difficult to get information about how timber is harvested in Myanmar, however, when a company exercises due care in tracing the origin of its timber, it should easily uncover MTE in the supply chain.
In Myanmar, all legally harvested timber for export passes through MTE. So, compliance with the Lacey Act should – even inadvertently – lead companies to MTE.
And this should lead to the conclusion that timber should not be lawfully imported to the United States due to the current sanctions against MTE.
But despite the efforts of organisations such as Environmental Investigation Agency, the Act is still not strongly enforced on timber imports from Myanmar.
Effective enforcement of the Lacey Act could potentially lead more companies to think twice before importing timber from Myanmar.
International banks also implicated
According to the MTE website, all of its sales are made in USD dollars and payments can be made via several banks.
These include Singaporean banks United Overseas Bank (UOB), Oversea-Chinese Banking Corporation (OCBC) and DBS Bank.
These banks are playing an enabling role for the military junta and international action is needed. They may also be breaching US sanctions by accepting US dollar transactions in which MTE is the beneficiary.
How US industries are responding to the timber sanctions
Timber sellers, shipbuilders, furniture makers and others who produce teak products in the United States are responding in various ways to the sanctions.
While some are using indirect pathways to continue importing, others are seeking alternative products.
Shipbuilders in particular have long used Myanmar teak for its high silicone and resin content that makes it more durable in wet environments.
But given the situation in Myanmar, some recognise the imminent need to shift to other materials, and are trialling products such as iroko, other timbers and even synthetic teak.
Meanwhile, one small company called Techtona, a social enterprise that exported recycled teak from old buildings in Myanmar to the US, has closed down.
The business was hit hard by the COVID19 pandemic and a representative told Justice For Myanmar that trading any timber in Myanmar now risks supporting the military junta: “We cannot any longer import anything from Burma to USA because everything that gets exported has to pay some permit fee – and that could go to the wrong people. So this kind of business – and actually all business in Burma – is now impossible.”
What the companies still importing Myanmar teak say
Justice For Myanmar asked the US companies that have imported since the attempted coup about their purchases and whether they intend to keep importing teak from Myanmar.
World Panel Products, a US-based timber supplier to the marine industry, responded: “Don't agree with the Coup. We ensure that whoever we purchase from directly in Myanmar are not associated with any of the Army Generals or their family.”
World Panel Products also said they had not participated in any MTE timber auctions this year. Yet, transactions involving the company appear in the Panjiva trade database after the coup, with post-coup exports likely enriching the military junta.
Justice For Myanmar wrote to teak importers J. Gibson McIlvain, East Teak, Lumberbest, Kingsley Bate, but we have not received a response.
We also wrote to logistics companies Clare Express, DB, Apex Shipping (a subsidiary of Kerry Logistics) and UCM Cargo, which have transported Myanmar teak trade to the US since the attempted coup, asking about their human rights due diligence and US sanctions. None of the companies responded.
Europe also still importing Myanmar teak post-coup
The European Union also sanctioned MTE in June this year. Yet, European companies have continued importing teak.
A report by the Environmental Investigation Agency found that Italy alone has imported teak worth over €2 million from Myanmar since the attempted coup.
The problem with teak trade to Europe is similar to the United States: companies have been able to circumvent sanctions. In Europe this has involved trading via Italy and other countries where sanctions are not well enforced.
Companies in Europe are also required to conduct due diligence in timber trade under the European Union Timber Regulation, which prohibits the sale of illegally harvested timber in Europe.
This due diligence effort for any trade in teak from Myanmar would uncover MTE in the supply chain, and therefore a company should not proceed with such imports.
The Environmental Investigation Agency is calling for the companies violating EU sanctions through trade in illegal teak from Myanmar to be investigated and prosecuted. Justice For Myanmar echoes that call.
Ban Myanmar timber imports!
The evidence shows that the sanctions have not stopped the flow of teak to the US, and therefore have not stopped the flow of funds from the timber trade to the illegal military junta.
The need for international action to stop the Myanmar miilitary's international crimes is becoming increasingly urgent. After the Myanmar military's killing of at least 35 people on Christmas Eve in Karenni State, the UN Security Council issued a statement demanding an immediate cessation of violence and accountability, yet the junta's campign of terror continues with total impunity.
The companies who are aiding the Myanmar military and trading with the entities it controls, are complicit in the crimes committed by the Myanmar military.
If the US and other international governments are serious about their roles in stopping the military junta's campaign of terror and supporting the people of Myanmar, further action is urgently needed.
Justice For Myanmar calls on the United States and other international governments to:
urgently investigate the teak and timber trade with Myanmar. The OFAC should investigate whether any of these transactions have violated the current sanctions against MTE. If these imports were lawful, then it shows that current sanctions have not effectively stopped the trade in Myanmar teak to the US, therefore further measures are needed.
promptly investigate all banks and financial institutions processing teak payments.
ensure that current sanctions involving trade with Myanmar are vigorously enforced.
ensure that the Lacey Act is enforced with regard to timber imports from Myanmar.
impose new targeted sanctions on all companies and individual directors involved in exports of products from industries controlled by the military junta, including timber.
impose new targeted sanctions on all other military-related businesses and associations.
ban all Myanmar timber imports to prevent further revenue from reaching the illegal military junta.
Companies still trading Myanmar teak amidst US sanctions
In the section below, we provide details of the companies involved in the teak trade from Myanmar to the United States since the attempted coup in February 2021.
Largest US importer: East Teak Fine Hardwoods
Up to 49 per cent of the imports since the coup were made by the largest importer of Myanmar teak in the United States: East Teak Fine Hardwoods (ETFH). This company alone has bought over 765 tonnes of teak boards and scantling which arrived in 44 shipments.
The Myanmar timber companies that exported these shipments include: Thein Than Htun Manufacturing Company Limited, National Wood Industry Ltd, Maha Nadi Maritime Services Company, Unilite Industries & General Serve, Jewellery Teak Timber Company, Pa Pa Wadi Company, Yadanar Tin Company, Lin Win Company, Royal River Trading Company and KMI Company.
Among the local companies that exported to ETFH, Thein Than Htun Manufacturing Company Limited is the largest supplier. Since the attempted coup, the company has been confirmed as placing winning bids on teak at MTE auctions and has sent 22 shipments to the United States.
Questionable ties within the industry
The Thein Than Htun Manufacturing Company Limited has also sold teak to Kingsley Bate Warehouse, a leading US manufacturer of teak outdoor furniture.
Thein Than Htun’s director, Kyaw Kyaw, is also the director and shareholder of United Wood Industries Company, another company that placed winning bids on teak at MTE auctions.
Since the coup, United Wood Industries Company has shipped teak via the logistics company Apex Maritime and to the wholesaler Lumberbest, which specialises in selling “genuine Myanmar natural teak.”
One of United Wood’s directors and shareholders is Bjorn Burchard, a Norwegian citizen with longstanding ties to MTE. Under the previous military junta, Bjorn was managing director of Scantrade, a business that jointly operated a furniture factory with MTE and was sanctioned by the European Union. Norwegian authorities should investigate and prosecute Bjorn Burchard for his role in the teak trade.
Similarly, multiple companies involved in the post-attempted coup teak trade have close and questionable ties to the MTE and the export-promoting industry association, the Myanmar Timber Merchants Association (MTMA).
The MTMA plays a key role in facilitating trade relationships among the Myanmar timber industry, foreign buyers and the MTE. It operates under the guidance of UMFCCI (a federation of the country’s chambers of commerce and industry), which is closely linked to the military junta.
For example, KMI Company and National Wood Industry Limited are companies that have also exported teak to the United States since the coup attempt. These companies have two directors in common: Kyaw Win and Ye Htet Win. Kyaw Win is also the Honorary Auditor of the MTMA and Ye Htet Win is a member of the Central Executive Committee of the MTMA.
KMI Company’s other director, Min Thaw Kong, is also a director of Win Enterprise Limited, another timber company that exported teak to the United States since the attempted coup. Win Enterprise Limited is a subsidiary of Forest Products Joint Venture Corporation. Min Thaw Kong is a Secretary General (2) of MTMA and also a director of Forest Products Joint Venture Corporation. Forest Products Joint Venture Corporation is a joint venture between MTE, Myanmar’s Forest Department and private enterprises, which processes teak and has been sanctioned by the European Union.
Other large US importers
The second and third largest US teak importers since the coup attempt are J. Gibson McIlvain Company, a timber wholesaler well-known in the shipbuilding industry, and World Panel Products, the leading marine panel distributor in the United States.
Both of these companies bought teak from Win Enterprise Ltd and Myat Noe Thu Company. J. Gibson McIlvain Company also bought teak from Golden Pollen Manufacturing Company, Water Solutions Company, Tharaphu Decor Company, and World Panel Products also bought from KMI Company. Notably, Water Solutions Company and Tharaphu Decor Company have a common director, Min Min Shein.
Freight companies exporting Myanmar timber to US amid sanctions
Multiple freight companies operating in the United States and Myanmar are also implicated in the teak trade.
Largest transporter to US: Clare Group
Among these, the Clare Group alone has transported almost 1,000 tonnes in 54 shipments, which is equal to 64 per cent of the total teak imports after the coup.
The Clare Group is a multinational logistics company with subsidiaries in multiple countries, headquartered in Taiwan.
Other large transporters
Another freight company involved in these shipments is the Italian D.B. Group, an international transport and logistics company. Its Myanmar subsidiary, D.B Group Myanmar Company, has shipped teak to D.B. Group’s US-based subsidiary, D.B. Group America.
Great Foremost Logistics Company Ltd and the British Virgin Islands' logistics and supply chain management company IFB Myanmar Ltd, part of IFB Group, have also transported Myanmar teak to the US since the attempted coup. IFB Myanmar is run by two German citizens.
The involvement of these Italian and German linked companies in teak exports could violate the European Union's sanctions against MTE. This is because the EU sanctions apply to all companies that have a presence in an EU Member State, even when they are operating elsewhere.
Kerry Logistics, a Hong Kong based company engaged in logistics, freight services and warehouse operations, has additionally been involved in transporting teak to the United States through its subsidiary Kerry Freight Myanmar Ltd and its US subsidiary, Apex Maritime.
Freight companies in the United States, Aries Global Logistics Inc., Mcl Multi Container Line Inc. and United Cargo Management Inc., were listed as ‘consignees’ in teak shipments..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-01-11
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Description:
"January 11, 2022, Myanmar: Companies in the United States have imported nearly 1,600 tonnes of teak from Myanmar since the military’s attempted coup in February 2021.
Following the coup attempt, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) imposed multiple targeted sanctions with the aim to block trade with Myanmar that benefits the illegal military junta.
Sanctions were placed on the state-owned Myanma Timber Enterprise (MTE), which solely manages the sale of timber in Myanmar, auctioning logs to private companies for export.
Through MTE, the junta takes a large percentage of all export revenue through various taxes and charges, and this contributes to financing their campaign of terror against the people of Myanmar.
Since February 1, Myanmar’s military has killed over 1,400 unarmed civilians and imprisoned 11,000 more.
Despite sanctions, from February to the end of November last year, US businesses continued to import timber from Myanmar, according to data from the global trade database, Panjiva.
The timber arrived in 82 different shipments between February 1 and November 30, 2021, largely consisting of teak board and scantling that are used for shipbuilding, outdoor decking, and furniture.
Multiple US timber wholesalers and manufacturers are involved, including East Teak Fine Hardwoods, J. Gibson McIlvain, Kingsley Bate Warehouse, Lumberbest, World Panel Products and others.
The data indicates that companies are circumventing sanctions by trading via intermediaries, keeping the link to MTE indirect.
It appears that only the intermediaries’ details are included on the documentation required for US imports, allowing potentially illegal imports to pass under the radar of US authorities.
Sanctions imposed by the United States on MTE prohibit “the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any blocked person”.
Considering that sanctions aim to block trade with MTE, and the timber exported from Myanmar is originally auctioned by MTE, the military junta still receives funds from the trade no matter who officially exports the timber.
This indirect trade between companies in the US and MTE may not have attracted penalties from OFAC at this stage, but action is now urgently needed.
Justice For Myanmar spokesperson Yadanar Maung says: “Sanctions must be enforced in order to be effective. We urge OFAC to investigate US imports of timber from Myanmar since sanctions were imposed on MTE.”
“We call on the US Government to ban all Myanmar timber imports to prevent further revenue from reaching the illegal military junta.
“Continuing trade in timber from Myanmar supports the illegal military junta that is committing atrocity crimes with total impunity, including the indiscriminate murder of children.
“Through such targeted sanctions on imports from military-controlled industries in Myanmar, the US and other countries have the power to cut the financial flow to the illegal junta and support the Myanmar people’s struggle to end this tyranny and establish federal democracy.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2022-01-11
[field_licence]
Type:
Individual Documents
Category:
Sanctions, Business and the Military, The Burmese military's role in the economy, Sanctions - general, 2021 Burma/Myanmar coup d'état
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Description:
"The International Karen Organisation today called for the urgent implementation of new
targeted strategic sanctions on the Burmese military in response to escalating attacks
against civilians in Karen State.
Simultaneous attacks by the Burmese military are taking place in different parts of Karen
State, in Sagaing Region, Kachin State, Chin State and many other ethnic states, at the
same time as the military continue to make mass arrests of political leaders, peaceful
protesters and PDF members across the country. This demonstrates that the international
community is moving much too slowly to cut the flow of arms and revenue to the military,
and reduce their capacity to attack and oppress the people of Burma.
Sanctions need to be applied on the supply of aviation fuel, arms, and on gas revenue and
other sources of revenue for the Burmese military. Funding for cross border aid needs to
be increased without placing unnecessary reporting burdens on local civil society
organisations which are impossible to meet, and effectively act to block life-saving aid to
those in need.
The Burmese military appear to be targeting hundreds of Burmese democracy activists
who have taken shelter in Lay Kay Kaw, a town in Karen State under the control of the
Karen National Union (KNU). In the process, they are indiscriminately using heavy artillery
and gunfire against civilian areas, forcing thousands of Karen villagers to flee as well as
the democracy activists. This is a war crime. It is a violation of international law.
On 14th December the Burmese military raided the town of Lay Kay Kaw, in the KNU
controlled Dooplya District, in southern Karen State, bordering Thailand. They arrested
around 30 activists who had taken refuge in the town. Hundreds of Burmese democracy
activists were sheltering in Lay Kay Kaw.
On 15th December the Burmese military escalated attacks, using heavy artillery in
surrounding areas and forcing more than 1,000 local civilians to flee. In the following days
these attacks continued and expanded. On 19th December the Burmese military began
attacking Palu and other nearby villages where many people who had fled attacks against
Lay Kay Kaw had taken shelter.
As of the morning of 20th December, the number of people displaced by these attacks was
estimated at 4000. With numerous attacks taking place, numbers of displaced people are
constantly changing.
At the same time, the Burmese military has increased shelling against civilian villages in
Doo Tha Htu (Thaton) District in Karen State, as more Burmese military troops move into
KNU areas.
In both areas the Karen National Liberation Army is defending civilians against attacks and
encroachment by the Burmese military.
On 18th December around 30 Burmese military vehicles, including armoured personnel
carriers of the type supplied by China and Ukraine, and military transport vehicles, brought
reinforcements through Myawaddy travelling towards Dooplaya.
There are increased jets and drones flying over the areas, increasing fear of indiscriminate
aerial bombing of the kind that happened in March and April this year. Before the new
attacks this December there were already more than 80,000 people internally displaced,
mostly because of bombings and the threat of bombings. Jets and drones have continued
to fly over the area, preventing villagers from returning home and stopping them from
growing this year’s crops, creating a humanitarian crisis on top of the COVID pandemic.
Around 2,000 Karen villagers crossed into Thailand this week and around 600 have been
pushed back by the Thai authority.
We call on the government of Thailand not to keep pushing refugees back into a war zone
as they have done so many times in the past. We call on the USA, EU, UK, Canada,
Australia and sympathetic governments, and on the United Nations Secretary General, to
make representations to the Royal Thai Government not to force refugees to return
against their will.
The Burmese military are attacking our people with much more sophisticated weaponry
than they used before the so-called reform process began. They have used the past ten
years with sanctions lifted and more business opportunities to increase income and buy
more modern and deadly equipment. They have more heavy artillery, more jets and new
drones which they are using against civilians.
It is absolutely vital that more sanctions are rapidly imposed on the Burmese military in
order to reduce their military capacity.
The international community must:
Sanction aviation fuel
The majority of people in Karen State have been displaced by air strikes and are unable to
return because of the threat of airstrikes. These air strikes have killed and maimed
innocent civilians and have created a humanitarian crisis. The international community
must impose sanctions to stop aviation fuel reaching the military. Companies which supply
the military with aviation fuel should be sanctioned and evidence collected for future
prosecutions for complicity in violations of international law.
Expand the arms embargo
The United Nations Security Council should impose an arms embargo. With Russia and
China blocking a potential resolution on an arms embargo, countries should impose
unilateral arms embargoes. Only around 40 of 193 UN members have imposed arms
embargoes against the Burmese military, despite recommendations from the United
Nations Fact-Finding Commission on Myanmar, the United Nations Special Rapporteur on
human rights in Myanmar, and a UN General Assembly Resolution in June this year. We
call on all countries to impose unilateral arms embargoes.
More targeted economic sanctions, including gas revenue
Almost a year on from the military coup, the Burmese military is earning up to $1.4bn in
gas revenues. This money is being used to kill our people. Even countries which claim to
support human rights and democracy in Burma have not stopped gas revenue, with
hundreds of millions of dollars being given to the military from a gas project run by
American and European Union companies Chevron and Total. We call on American
President Biden and French President Macron to stop blocking sanctions on gas revenue
and impose gas revenue sanctions. The European Union cannot sanction gas revenue as
long as President Macron keeps blocking it.
It makes no sense to us that President Biden and President Macron have arms embargoes
against the Burmese military but are still allowing their companies to give money to the
military which they can then use to buy arms from Russia, China, India, Serbia, Ukraine
and other countries. They won’t sell arms, but they help fund the purchase of arms.
The international community has long failed to take action against the Burmese military for
violations of international law committed against the Karen people. This decades long
impunity has contributed to the crisis in Burma today. We hope that the international
community will now finally learn lessons from past mistakes and take effective action
immediately..."
Source/publisher:
International Karen Organisation
Date of entry/update:
2021-12-21
[field_licence]
Type:
Individual Documents
Category:
Armed conflict in Karen State - the human rights situation, Sanctions, Business and the Military, 2021 Burma/Myanmar coup d'état, Armed conflict in Burma - attacks on civilians, Freedom of Movement, violations of in Burma/Myanmar
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Title: Joint press release - Japanese investors in Y Complex development risk violating US sanctions
Description:
" Several Japanese companies that are investors in Y Complex, a mixed-use real estate development on land controlled by Myanmar’s military, risk breaching US sanctions imposed against military entities for their role in human rights abuses.
On December 10, 2021, the US, UK and Canada imposed sanctions on the Office of the Quartermaster General of the Myanmar army, in response to the unlawful February 1, 2021, attempted coup. The Office of the Quartermaster General (QMG) is a key entity that oversees the Myanmar military’s business interests.
According to the UK sanctions list, the QMG “plays a crucial role in procuring equipment for the Myanmar Armed Forces, including ammunition, bombs and jet fuel. This directly enables serious human rights violations, and the repression of the civilian population including peaceful protestors and ethnic minorities”
Japanese companies, including Daiwa House Industry subsidiary Fujita Corporation, Tokyo Tatemono and the Japanese government, private sponsored infrastructure fund Japan Overseas Infrastructure Investment Corporation for Transport & Urban Development (JOIN), pay over US$1.8 million in rent in US dollars to the QMG annually, which could violate US sanctions if they are found to be materially assisting a sanctioned entity.
The policy-based financial institution Japan Bank for International Cooperation (JBIC) and the banks Sumitomo Mitsui Banking Corporation and Mizuho Bank are co-financing the project through a US$144 million loan.
The project has been suspended following the military’s attempted coup, and the sanctions risk may apply if payments in US dollars resume.
The Government of Japan must end its complicity in human rights abuses in Myanmar by halting its business with the military junta and its conglomerates, including in the Y Complex project. Y Complex investors and creditors should also avoid the risk of breaching sanctions, and fulfil their human rights responsibilities under the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, by responsibly disengaging from their business with the QMG.
HRN Secretary General Kazuko Ito says: “Since the coup happened, we have been urging Japanese companies involved in this project and the Government of Japan to responsibly exit from this project as it is obvious that this project could significantly make an adverse impact on people in Myanmar. We once again insist that all the companies should conduct heightened human rights due diligence which the UN Working on Business and Human Rights published and disclose its result to be accountable for its involvement in a transparent manner. That process should get relevant stakeholders engaged so that their voices are heard. Additionally, we urge the Government of Japan to proactively promote such processes according to its duty to protect human rights under the UN Guiding Principles.”
Justice For Myanmar spokesperson Yadanar Maung says: “It is unacceptable that Fujita Corporation, Tokyo Tatemono and JOIN have continued their involvement in the Y Complex development, after the Myanmar military’s 2017 campaign of genocide against the Rohingya, ongoing war crimes and crimes against humanity in ethnic areas and the campaign of terror that the military junta was waged against the Myanmar people for over ten months. After the latest US sanctions on the QMG, which is the Y Complex lessor, the project is untenable and the investors must immediately move to responsibly cut ties. Should they continue payments, we request the US Treasury investigate Y Complex for any breach of sanctions and take swift action. Myanmar people continue to be slaughtered by this illegal and murderous military junta with total impunity. Through Y Complex, the Japanese government and companies are complicit in atrocity crimes. They have blood on their hands.”
Yuka Kiguchi, Executive Director of Mekong Watch, said: "Further land lease payments will mean that Tokyo Tatemono, Fujita, JOIN, Sumitomo Mitsui Banking Corporation, Mizuho Bank, and JBIC, are directly and indirectly providing funds for human rights violations such as extrajudicial killings, torture, sexual violence as well as attacks in ethnic minority regions committed in Myanmar under the direction of the military. In particular, JOIN and JBIC are implicating Japan's taxpayers in these human rights violations by providing public funds to Y Complex. They should immediately pull their funding and stop lending to the project."
Naoko Watanabe, Advocacy Office of JVC, said, "The Japanese public and private sectors, which have funded the Y-Complex on military land, have continued to be complicit in the massacres, detentions, torture and other atrocities committed by the military against the innocent people of Myanmar not only after the February 1 coup, but also before the coup. The sanctions against QMG by the U.S., U.K., and Canada have made it clear that the attitude of the Japanese government and the companies, involved in the project without any indication or response after the coup, is wrong and shameful. We, as Japanese citizens and taxpayers, once again call on the Japanese government and the companies involved in the project to respect the decisions of the three countries and to immediately withdraw from the Y Complex project.”
Background on Y Complex
Since the Myanmar military’s unlawful February 1, 2021 coup attempt, the junta has murdered more than 1300 people, including children, and arrested nearly 11,000, according to the Myanmar human rights organisation, the Assistance Association for Political Prisoners. The Myanmar military has also carried out indiscriminate airstrikes and shelling that have killed civilians, destroyed property and caused mass displacement.
Since the attempted coup, the Myanmar military has engaged in “probable crimes against humanity and war crimes” according to the UN Special Rapporteur on the situation of human rights in Myanmar. It has been well documented that the Myanmar military’s international crimes are financed by its business interests, including from real estate projects such as Y Complex.
Y Complex is being developed under a build-operate-transfer agreement between the crony company Yangon Technical & Trading Co. Ltd. (YTT) and the QMG, with annual lease payments of US$2.163 million payable to the Ministry of Defence.
The project, still under construction, is for a mixed-use real estate complex that will include an Okura Prestige Hotel, to be operated by the Japanese company Okura Hotels & Resorts.
Fujita, Tokyo Tatemono and JOIN’s investment in Y Complex Co. Ltd. is structured through a holding company in Singapore, Yangon Museum Development Pte. Ltd, owned by the three Japanese investors. The holding company owns 80% of the Myanmar project company, Y Complex Co. Ltd., with the remaining 20% held by their local partner, YTT.
Yangon Museum Development is the recipient of co-financing from JBIC, Sumitomo Mitsui Banking Corporation and Mizuho Bank.
According to Yangon Museum Development’s most recent financial statement for 2020, US dollars is the functional currency of the company and funds are held in US dollar accounts in Singapore, from where they are transferred to Myanmar, including for lease payments to the QMG. Any banks involved in the transfer of US denominated funds to the QMG may be at risk of violating sanctions.
Payments to the QMG are made from a US dollar rent reserve account that is jointly controlled by Y Complex Co. Ltd. and YTT. According to the draft Land Lease Agreement between Y Complex Co. Ltd. and YTT, leaked by Distributed Denial of Secrets, the Japanese investors are responsible for transferring US$1.82 million annually into the rent reserve account. These funds are transferred to Myanmar from Yangon Museum Development, and according to the 2020 financial statement, were last remitted in 2019 from Singapore. In reality, Japanese investors may be indirectly paying a greater share of the funds owed to the QMG, through additional payments to YTT that are specified in the Land Lease Agreement.
Fujita Corporation and Tokyo Tatemono both said, “Regarding the Y Complex Project, Tokyo Tatemono considers the safety of the Myanmar people and relevant stakeholders to be the top priority and has suspended the operation of the Project entirely since February 1, 2021. We are seriously concerned about the recent sanctions imposed by the United States and other countries and will continue to monitor the situation, including its possible impact on the Project.”
JOIN said,“As Y Complex Project is a JV project with other private partners, we share the same view with Fujita Corporation.”..."
Source/publisher:
Human Rights Now, Japan Volunteer Center, Justice For Myanmar and Mekong Watch
Date of entry/update:
2021-12-20
[field_licence]
Type:
Individual Documents
Category:
Sanctions, Business and the Military, Sanctions - general
Language:
Format :
pdf pdf pdf
Size:
265.36 KB 271.75 KB 1.15 MB
Local URL:
2021-12-20-_Joint PR-Japanese-investors-in-Y-Complex-development-risk-violating-US-sanctions-en.pdf- 2021-12-20-_Joint PR-Japanese-investors-in-Y-Complex-development-risk-violating-US-sanctions-bu.pdf
- 2021-12-20-_Joint PR-Japanese-investors-in-Y-Complex-development-risk-violating-US-sanctions-Japanese.pdf
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Description:
"Revenues from the oil and gas industry are the largest source of vital foreign exchange available to the
military; they were forecasted to be USD 1.5 billion in 2021-2022. Myanma Oil and Gas Enterprise
collects these payments. The military has taken possession over MOGE and its bank accounts, meaning
that the military will take control over the USD 1.5 billion. This money will be used to purchase weapons
that can be used to continue their brutal operations against the people of Myanmar. For this reason,
civil society and the National Unity Government have called for sanctions on MOGE so that oil and gas
companies put payments into a protected account. They have not asked for natural gas production to stop.
However, companies such as Total have stated that if they stop paying MOGE,
they will be forced to stop gas production, which will have humanitarian impacts..."
Source/publisher:
Blood Money Campaign
Date of entry/update:
2021-12-19
[field_licence]
Type:
Individual Documents
Category:
Oil and gas, Business and the Military, Sanctions, Right to Life: reports of violations in Burma
Language:
Format :
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Size:
1.2 MB 1.12 MB 1.38 MB
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Description:
"December 17, 2021, Myanmar: The Myanmar military has commissioned aircraft manufactured in France, Russia and China, during a ceremony held on Wednesday to mark the 74th anniversary of the Myanmar Air Force.
Aircraft include an ATR-72 600, an Airbus Eurocopter, a Y-12, Yak-130s and K-8s.
ATR-72 600s are manufactured in France by ATR, a French-based joint venture between Airbus and Italy’s Leonardo Corporation.
Eurocopters are also manufactured in France by Airbus. Airbus’ corporate headquarters are in the Netherlands.
The aircraft were commissioned by EU sanctioned war criminal and junta leader Senior General Min Aung Hlaing as the Myanmar military intensifies its terror campaign following the February brutal and illegal coup attempt. In recent weeks, the junta has carried out indiscriminate airstrikes in Kachin and Shan states and the Sagaing and Magwe regions, killing civilians, destroying property and causing mass displacement. Earlier air raids had also targeted Chin, Karen and Karenni states. These attacks amount to war crimes and crimes against humanity.
Data from ACLED, analysed by Altsean Burma, shows a 632% increase in armed clashes and attacks compared to 2020. Between February 1 and November 26, Myanmar had more armed clashes and attacks than both Yemen and Afghanistan.
The European Union has an arms embargo on Myanmar with a ban on the transfer of dual use goods, although the Myanmar military has a history of bypassing arms controls through their network of private brokers and crony-run airlines.
Justice For Myanmar spokesperson Yadanar Maung says: “The French, Dutch and Italian governments must immediately investigate how ATR and Airbus aircraft got into the hands of the terrorist Myanmar military junta. These aircraft will be used by the military to attack civilians and kill children. The fact that the military continues to procure aircraft must be a wakeup call for the European Union, which has not imposed new sanctions on Myanmar since June. That contrasts with the US, UK and Canada, which have targeted entities related to military procurement in the latest round of sanctions. France has a particular responsibility as a permanent member of the UN Security Council and should be leading the push for a global arms embargo on Myanmar. It is unacceptable that the junta is still able to procure European aircraft after the 2017 genocide against the Rohingya, their illegal coup attempt and continued acts of terrorism.”
In addition to European aircraft, the Myanmar military has commissioned K-8 trainer jets, Yak-130 fighter jets and a Y-12 military transport plane.
K-8s and Y-12s are manufactured by subsidiaries of the Chinese state-owned company AVIC. K-8s are produced by AVIC’s Hong Kong listed subsidiary AviChina Industry and Technology Co. Ltd, connecting AviChina investors to AVIC’s complicity in the Myanmar military’s atrocities.
AviChina’s biggest investors include Airbus, Vanguard Group, BlackRock, Dimensional Fund Advisors and the sovereign wealth funds of Australia, New Zealand and Norway.
Yak-130s are manufactured in Russia by the majority state-owned United Aircraft Corporation.
Justice For Myanmar spokesperson Yadanar Maung says: “China and Russia are aiding and abetting the junta’s war crimes and crimes against humanity by selling aircraft, profiting from the murder of Myanmar people. The fact that two UN Security Council permanent members with veto power are arming the terrorist military junta explains why the UN’s highest body has utterly failed to take meaningful action on Myanmar. The international community must take action against Russia and China’s complicity in the Myanmar military’s atrocity crimes.
It is alarming that sovereign wealth funds and major international corporations continue to invest in AVIC, despite clear evidence of their complicity in the Myanmar military’s war crimes and crimes against humanity. We demand that shareholders of AVIC immediately divest to end their link to the Myanmar military’s crimes. International partners and suppliers of AVIC and United Aircraft Corporation also have a responsibility to prevent human rights impacts linked to their business relationships. We call on them to cut ties with AVIC and United Aircraft Corporation immediately.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2021-12-17
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, UN Security Council, Business and the Military, Sanctions, Sanctions - general
Language:
Format :
pdf
Size:
221.39 KB
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Description:
"European Karen Network today called on the European Union to impose a new round of targeted economic sanctions on the Burmese military, and agree to impose regular new rounds of sanctions from now on.
As usual, it is ethnic people who are facing some of the worst human rights violations by the Burmese military since the coup. The majority of the 300,000 people displaced since the coup are from ethnic states. In Karen State, more than 70,000 internally displaced people have been hiding in the jungle since April, following bombing attacks which killed villagers and destroyed homes and schools. Since then jets and drones continue to fly over parts of Karen State every day, preventing people from returning home.
This week the Burmese military has attacked Lay Kay Kaw town, in Dooplaya District (Myawaddy Township), Karen State. Arrests of democracy activists have been followed by indiscriminate shelling using heavy artillery, which is a war crime. More than 1,000 civilians are now fleeing from the area, and are in urgent need of humanitarian assistance.
People who have already been displaced have been unable to grow this year’s crops, and are dependent on aid, but the Burmese military continues to restrict humanitarian access and international donors are not providing enough funding for food, shelter, medical care and education for children. Despite the fact that there are millions of people who can be reached with aid and Covid vaccines using cross-border mechanisms, this has only been happening in a very limited way.
“There is much more that the European Union can do to cut the flow of money to the Burmese military, but while hundreds die and thousands are arrested, the EU is failing to use the economic leverage it has to promote human rights and democracy in Burma. Our Karen people and other people in Burma are doing everything we can to resist military rule, but the same cannot be said for the European Union,” said Nant Helen Buhtoo, Co-Chair of the European Karen Network.
We call on the EU to bring in a new round of economic sanctions including:
Gas revenue
Revenue from extractive industries including copper and rare earths
The Office of the Quartermaster General and other military bodies responsible for the purchase and manufacturing of arms
Banks in Myanmar used by the military to earn and transfer revenue, such as the Myanmar Foreign Trade Bank
Sanctions on Burmese companies and individuals financing the military, or which are supplying the military with arms and equipment or facilitating the purchase of arms and other equipment.
The European Union should also impose sanctions to prevent European companies supplying aviation fuel to Burma, and impose sanctions on Burmese companies supplying fuel to the military.
“Reducing the air capacity of the Burmese military would be one of the single most effective short term things the European Union can do to help prevent further airstrikes against our people, and help reduce human rights violations and address the humanitarian situation on the ground,” said Nan Kyi Aye, Chair of the European Karen Network..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2021-12-16
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Armed conflict in Karen State - military activities and their impact on village life, including livelihood, health, education and land tenure security, Internal displacement/forced migration of Karen villagers, Sanctions
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"Burma Campaign UK today welcomed new targeted sanctions on the Burmese military announced by the UK, USA and Canada.
The new sanctions announced today are:
The Quarter Master General’s Office
The Directorate for Defence Industries
The Directorate for Defence Procurement
The Myanmar War Veterans Organisation
The Myanmar War Veterans Organisation acts as a reserve for the military and has significant economic interests. The others are military bodies responsible for buying and manufacturing arms, Burma Campaign UK has been campaigning for sanctions on these entities.
The British government statement on the new sanctions is available here.
“The British government is doing exactly what is needed, systematically identifying and sanctioning sources of revenue and arms to the military,” said Anna Roberts, Executive Director of Burma Campaign UK. “We would like to see the British government increase the pace of rounds of sanctions, and expand them to areas such as aviation fuel. Military air strikes are being made against civilian targets, causing deaths and injuries, and forcing tens of thousands of people from their homes. This has created a humanitarian crisis.”
Since the military coup on 1st February 2021 more than 1,300 people have been killed, more than 10,000 arrested and nearly 300,000 people have been forced to flee their homes.
Under the previous military dictatorship, sanctions were only introduced every few years in response to new atrocities. This time the British government is implementing sanctions in a much more strategic and effective way. This approach to implementing sanctions will have not only a financial impact on the military but also a psychological impact in letting them, and their business allies, know that the economic pressure will keep increasing.
“Inside Burma, people’s sanctions are cutting revenue to the military, with boycotts of military companies, and people refusing to pay electricity bills,” said Anna Roberts. “It’s right that the international community should join the people of Burma in seeking to cut the flow of money to the military. Liz Truss is showing global leadership in rallying allies to coordinate the implementation of targeted sanctions on the Burmese military.”
Burma Campaign UK also renewed its call for a new round of sanctions from the European Union.
“The European Union is lagging behind, with no new sanctions for almost six months,” said Anna Roberts. “The EU has economic leverage which it isn’t using. The EU must bring in a new round of sanctions and commit to implementing regular rounds of targeted sanctions in the future.”
Absent from sanctions so far are measures to stop hundreds of millions of dollars in gas revenue to the military. French company Total and US company Chevron are both involved in gas projects in Burma and are lobbying against sanctions which force them to stop financing human rights violations.
“Ten months on from the coup, President Biden and President Macron still appear more interested in protecting energy company profits than acting to stop hundreds of millions of dollars of gas revenue financing the Burmese military,” said Anna Roberts.
The Burmese military has been unable to consolidate the military coup, and is facing peaceful protests, boycotts and armed resistance every day. Today millions of people joined a nationwide silent strike, leaving city streets empty across the country. Military defectors report plummeting morale. It is vital that the British government and others do everything they can to cut the flow of arms and money to the military, deny them the legitimacy they crave, and hold them to account for the violations of international law they have committed..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2021-12-10
[field_licence]
Type:
Individual Documents
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Sub-title:
The UK announced new sanctions against the Myanmar military for their continued suppression of the civilian population and for serious human rights violations.
Description:
"on International Human Rights Day, the UK announces new sanctions against the Myanmar military for their role in serious human rights violations against civilians
sanctions made in coordination with US and Canada
the UK has also sanctioned a former commander in the terrorist organisation Lashkar-e-Jhangvi, who helped orchestrate a 2017 bombing in Pakistan
The UK has today (10 December 2021) announced new sanctions against the Myanmar military for their continued suppression of the civilian population and for serious human rights violations.
The sanctions, announced alongside the US and Canada, demonstrate the UK’s staunch commitment to hold Myanmar’s military accountable for human rights violations and our resolve to act, together with our partners, to limit its access to arms, equipment and funding.
The UK has also sanctioned Furqan Bangalzai, a former commander in the terrorist organisation Lashkar-e-Jhangvi, who helped orchestrate the 2017 bombing of the Lal Shahbaz Qalandar shrine in Pakistan. Designating Bangalzai for his role in the attack, in which more than 70 Sufi worshipers were killed, reinforces the UK’s commitment to defending religious freedom where minority faith groups face persecution.
Lord (Tariq) Ahmad of Wimbledon, Minister of State for South Asia, the UN, and the Commonwealth and the Prime Minister’s Special Representative on Preventing Sexual Violence in Conflict said:
The sanctions made today target some of the most callous violations and abuses of human rights, including cases where civilians suffer unrelenting state repression and worshippers have been targeted and killed for their religious beliefs.
The UK will always be a fierce champion of human rights and we will work with our fellow democracies and partners, as a network of liberty, to hold to account those who deny these fundamental freedoms.
The UK will impose travel bans and asset freezes pursuant to the Global Human Rights Sanctions Regulations 2020 and the Myanmar (Sanctions) Regulations 2021 respectively on those involved in serious human rights violations or abuses and those responsible for undermining fundamental rights and liberties.
The designations made under the Myanmar (Sanctions) Regulations 2021 are:
the Quarter Master General’s Office, which plays a crucial role in procuring equipment for the Myanmar Armed Forces and is responsible for overseeing a campaign of violence and human rights violations across Myanmar
the Directorate for Defence Industries, a state-owned enterprise that has manufactured weapons and technology used by the Myanmar military
the Directorate for Defence Procurement, responsible for buying arms from abroad used by the Myanmar military to undermine democracy and violate fundamental rights of the civilian population
the Myanmar War Veterans Organisation, a quasi-reserve force for the Myanmar military which has publicly supported the military’s undermining of democracy, violation of human rights, and repression of the civilian population
The individual designated under the Global Human Rights Sanctions regime today is:
Furqan Bangalzai, a former commander in the terrorist organisation Lashkar-e-Jhangvi, for his role in the 2017 bombing of the Lal Shahbaz Qalandar shrine in Sehwan, Pakistan which killed 70 people
Today’s announcement ensures this individual cannot freely travel to the UK, channel money through UK banks or profit from the UK economy..."
Source/publisher:
Govt. UK (London)
Date of entry/update:
2021-12-10
[field_licence]
Type:
Individual Documents
Category:
Sanctions, Business and the Military, Sanctions - general
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Description:
"Reporters Without Borders (RSF), along with three other organisations, Info Birmanie (IB), Justice For Myanmar (JFM) and Sherpa, denounce exports of military technology carried out by French transnational company Thales to an Indian intermediary partner of the Myanmar military junta, which could allegedly be carried out in violation of the restrictive measures imposed by the European Union (EU), after the February 2021 attempted coup in Myanmar. The organisations call on Thales to stop these exports, and ask the French authorities to take the necessary measures to put an end to this partnership and adopt a law making it possible to penalise violations of arms embargoes.
A JFM investigation published last spring revealed that one of Thales' long-time partners, the Indian company Bharat Electronics Limited (BEL), has a particularly close relationship with the Myanmar junta, and exports military technology to it. On the basis of these revelations, IB, RSF and Sherpa wrote a letter to Thales on November 26, 2021, calling on the French company to put an end to any transfer of its technologies to the junta in Myanmar, and more generally to definitively end its business relationship with BEL and with any other partner of the Myanmar junta.
JFM's investigations outline BEL's close ties to the junta and demonstrate the supply of equipment to the military, which BEL confirms in its 2020-2021 annual report. According to the information gathered, BEL has carried out at least seven exports of radars and equipment for the benefit of the Myanmar junta since the attempted coup of February 1, 2021, even though international sanctions were taken against Myanmar and that States and companies were called upon to take all necessary measures to avoid fuelling the junta's human rights abuses. BEL also reportedly exported a remote-controlled weapons system, partly managed by executives of the BTSL joint venture created between BEL and Thales Systems Limited.
In view of this information, it is likely that the technology shared by Thales to BEL, and re-exported by BEL in its equipment, is therefore directly transmitted to the Myanmar military junta, and potentially used to perpetrate its atrocities. These exports could then constitute a violation of the European restrictive measures and the UN Guiding Principles on Business and Human Rights.
“Terrorist”
“More than 1,290 people have been killed by the military junta since its attempted coup, including children, said Yadanar Maung, of JFM. The military is now stepping up its campaign of terror through indiscriminate airstrikes, destruction of homes and villages, killings and rape. This is the context in which Thales' partner, Bharat Electronics Ltd, continues to do business, supplying equipment to the military junta with knowledge of the crimes being committed. Thales must sever its relations with Bharat Electronics, stop transferring technology and end all direct and indirect support to the military, who are terrorists.”
IB coordinator Sophie Brondel states:“this case confirms the urgent need for a global arms embargo in Myanmar, as 136 organizations around the world called for in February, including Justice For Myanmar and Info Birmanie.”
"Thales must put an end to its business relations which benefit the Myanmar junta," declares RSF’s legal officer, Paul Coppin. ‘Business as usual’ is no longer possible with a country like Myanmar, whose ruling junta fiercely represses journalists and destroys civil society. "
Laura Bourgeois, litigation and advocacy officer at Sherpa, considers that "French companies which directly or indirectly supply armed groups and thus support their actions are not sufficiently worried or held accountable: the existing rules to sanction them are special rules too scattered and restricted to be dissuasive. It is time for French legislators to create an offense punishing violations of embargoes. "
The Member States of the EU, and therefore the French State, have the responsibility to take all necessary measures to guarantee the scope and effectiveness of EU law, notably of the restrictive measures, and to put in place sanctions at the national level that are effective, proportionate and dissuasive.
The four signatory organisations do not exclude taking legal action on these revelations, and mobilizing civil society and the competent authorities so that they make the best use of the rules applicable to the violation of EU restrictive measures.
Legal background
European Council Decision 2013/184 / CFSP renewed until April 30, 2022 by Council Decision (CFSP) 2021/711 of April 29, 2021 prohibits "the sale and supply in Myanmar, as well as the transfer and export to that country, by nationals of the Member States or from the territory of the Member States (…) of equipment liable to be used for internal repression, whether or not it comes from their territory.”
Article 3a of Council Regulation 401/2013 concerning restrictive measures imposed due to the situation in Myanmar as amended by Council Regulation 2021/479 of March 22, 2021 prohibits "the sale, supply, transfer or export, directly or indirectly, dual-use items and technologies listed in Annex I to Council Regulation (EC) No 428/2009 (…) to any entity or body in Myanmar or for the purposes for use in that country, if these goods and technologies are or may be intended, in whole or in part, for military use, for a military end user (…)” being specified that “when the end user is the Myanmar Army, any dual-use good and technology supplied to it is considered to have military use. "
Principle 13 of the UN Guiding Principles on Business and Human Rights provides that:
"The responsibility to respect human rights requires that business enterprises:
(a) Avoid causing or contributing to adverse human rights impacts through their own activities, and address such impacts when they occur;
(b) Seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts."
The Court of Justice of the European Community ruled in its time, on September 21, 1989, that "it should be noted that, when a Community regulation does not contain any specific provision providing for a sanction in the event of violation or refers to this in relation to national laws, regulations and administrative provisions, Article 5 of the Treaty requires Member States to take all appropriate measures to guarantee the scope and effectiveness of Community law." (Case 68/88, Comm. V. Greece, §23)..."
Source/publisher:
Reporters Without Borders (Paris)
Date of entry/update:
2021-11-30
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Business and the Military, Sanctions, Human Rights and international relations
Language:
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Description:
"Executive summary: Since the Burma Army attempted its military coup on February 1, the
Burma government systems have virtually imploded and civil war is
raging at unprecedented levels throughout the country.
Violent crackdowns on peaceful demonstrators have so far led to the
killing of over 1,250 people and over 7,200 currently in prison for demanding their basic rights. The banking system has been crippled by
paranoid military supervision, internet cuts and communication monitoring, all aimed at rooting out opposition. The Burma kyat has plummeted to an all-time low, and there is rampant inflation and shortage
of goods.
Meanwhile, the regime earns over US$ 1 billion annually from export
of Burma’s natural gas resources from four offshore projects to China
and Thailand, which are the single largest source of export revenues
keeping the military in power. It also receives approximately US$ 500
million worth of domestic gas annually, which means the regime earns
an estimated US$ 1.5 billion per year from these projects.
Demonstrators, civil society and the opposition National Unity Government (NUG) have therefore called on governments to impose economic sanctions on the state-owned and military controlled Myanmar
Oil and Gas Enterprise (MOGE). The NUG has also urged companies
to deposit all payments into a third-party escrow account, until an
elected federal government is in place.
In May, the French company Total, the operator of the Yadana offshore fields, responded by withholding the dividend to MOGE from its
Moattama Gas Transportation Company (MGTC), transporting gas
from these fields. However, the dividend constitutes only 10% of the
Yadana revenues paid to the regime, and only approximately 4% of
Burma’s total gas export revenues.
Meanwhile, Total and other companies currently exporting from offshore fields, including US Chevron, Thai PTTEP and Korean POSCO, are not only continuing to provide funds and legitimacy to the
regime, but also expanding their projects. Planning is also underway
to exploit recent discoveries of gas in three new areas off the Arakan
Coast and south of Yangon which would further entrench the regime.
16 oil and gas companies from 13 countries currently have major
shares in Burma’s oil and gas industry, and more are profiting through
sub-contracts, such as Swiss-based Transocean and USMcDermott
International. Only one company, Japan’s Mitsui Oil Exploration Company (MOECO), has divested from Burma’s offshore fields since the coup, withdrawing its investments from a planned new project in late
October.
By not heeding demands from the people of Burma, international oil
and gas companies are increasingly becoming branded as military
collaborators and placing their staff and operations at risk. A growing
number of People’s Defence Forces are targeting the regime’s infrastructure and revenue-generating projects, particularly in the communications, electricity and energy sectors, including attacks on several
gas pipeline projects. NUG has reported that PDFs conducted 950
attacks, including targeted explosions, between September 7 and October 6, of which 213 were against economic projects of the regime.
One option for international oil and gas companies is to unilaterally
suspend projects by declaring Force Majeure, for a period of up to
two years, citing “insurrection”, “active hostilities or imminent threat of
hostilities” or other reasons stated in their standard Production Sharing Contracts with the Burma government.
International governments, particularly those which claim to promote
democracy and human rights must place comprehensive economic
sanctions on MOGE – consistent with sanctions already placed on
other state-owned enterprises such as the Myanmar Timber Enterprise and Myanmar Gems Enterprise -- and ensure that no revenues
or taxes are paid by their oil and gas companies to the regime.
Oil and gas companies should immediately suspend all revenue and
tax payments to the regime and put these into a third-party escrow
account. Failing that, they must suspend or cancel their projects. All
companies must also stop exploration and development activities
aimed at exploiting additional or new gas discoveries.
This report provides an update of Burma’s offshore natural gas industry, its impacts on the people of Burma and recommendations for the
international community..."
Source/publisher:
Arakan Oil Watch
Date of entry/update:
2021-11-25
[field_licence]
Type:
Individual Documents
Language:
Format :
pdf
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2.78 MB
Local URL:
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Description:
"November 24, 2021, Myanmar: Indian publicly listed jewellery company Vaibhav Global Limited is continuing to trade in Myanmar gems, despite the illegal February 1 attempted military coup and US, EU and UK sanctions against state-owned Myanma Gems Enterprise (MGE), which is now under military control. Through MGE, the Myanmar military receives a share of revenue from all gemstones sold.
Vaibhav Global sells jewellery with Myanmar gems via major online retailers including Amazon and Overstock, as well as its own website and TV channel, The Jewellery Channel. In the US, Vaibhav Global also sells loose rubies from Mogok and Mong Shu, Myanmar, but list the country of origin as “India”.
A ban on Myanmar origin gems is urgently needed to stop the trade. Section 203 of the Burma Act of 2021, introduced in October and currently before Congress, authorises the prohibition of all US imports of Myanmar gemstones. Justice For Myanmar urges members of Congress to stand with the people of Myanmar by passing the Burma Act and prohibit imports of Myanmar gemstones.
Justice For Myanmar spokesperson Yadanar Maung says: “It is unacceptable that over six months since sanctions were imposed on MGE, companies are openly trading Myanmar gems in the US and other jurisdictions. This is a slap in the face of the Myanmar people, who are being subjected to immense suffering at the hands of the terrorist military junta. The US Government needs to do more, including imposing a total ban on the import of Myanmar gemstones and sanctioning Myanma Oil and Gas Enterprise. We also call on other international governments to urgently impose targeted sanctions that will stop the flow of funds to the Myanmar military, which finance its campaign of terror. We appeal to members of the US Congress to swiftly pass the Burma Act and ban all imports of Myanmar gemstones. Vaibhav Global investors also must act in accordance with their obligations under the OECD Guidelines. If Vaibhav Global does not stop trading in Myanmar gems, shareholders must divest. These gems are stained with the blood of the people of Myanmar. US consumers have power to act. Boycott Myanmar gems and demand businesses like Amazon and Overstock stop selling these blood-stained products.”
According to filings, Vaibhav Global’s institutional shareholders include The Vanguard Group, Dimensional Fund Advisors, State Street Global Advisors, BlackRock and the Florida State Board of Administration, all based in the US. The USA is Vaibhav Global’s biggest market, with 2021 financial year revenue at US$234.9 million, according to its latest annual report..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2021-11-24
[field_licence]
Type:
Individual Documents
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Format :
pdf
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215.05 KB
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Description:
"Major US online retailers are continuing to sell jewellery with rubies and jade sourced from Myanmar. The continued trade profits the Myanmar military junta, helping to finance its nationwide terror campaign against the Myanmar people. The US has sanctioned Myanma Gems Enterprise but has not banned the import of gems, allowing the trade to continue.
Justice For Myanmar found listings for jewellery with Myanmar gemstones produced by Indian publicly listed company Vaibhav Global Limited and sold through retailers Amazon, Walmart and Overstock. Vaibhav Global has actively traded in Myanmar gemstones since the February 1 attempted coup.
Shipping records since the attempted coup, found in the Panjiva trade database, show imports into India of jade from Vaibhav Global’s Hong Kong subsidiary and rubies from its Thai subsidiary. Some of the shipments originate in Myanmar, while others list precious stones with Myanmar as the country of origin.
Vaibhav Global did not respond to questions from Justice For Myanmar regarding its continued sourcing of jade and gems from Myanmar since the attempted coup.
Online retailers Amazon, Walmart and Overstock also did not respond to questions over the sale of Myanmar gemstones on their platforms and their human rights due diligence. Walmart has removed listings of Vaibhav Global jewellery with Myanmar gemstones, but continues to list Myanmar rubies and jade through other sellers.
Jade and gems are a lucrative source of revenue for the Myanmar military junta and its militias, financing the Myanmar military’s atrocity crimes, particularly in ethnic areas.
The state-owned Myanma Gems Enterprise (MGE), under military control during past regimes, has again come under military control since the attempted coup and controls all aspects of the gemstone industry in Myanmar. Through MGE, the Myanmar military receives a share of revenue from all gemstones sold.
The Myanmar military also profits from mining through its conglomerate, Myanma Economic Holdings Limited (MEHL). MEHL has its own jade and ruby businesses and controls the greatest number of licences. MEHL was sanctioned by the US and UK on March 25, and by the EU on April 19.
The US Treasury sanctioned MGE on April 8, followed by the UK on May 17 and EU on June 21.
Vaibhav Global’s international network
Vaibhav Global is a major seller of discounted jewellery, listed on the National Stock Exchange of India and the BSE. According to filings, institutional shareholders include The Vanguard Group, Dimensional Fund Advisors, State Street Global Advisors, BlackRock and the Florida State Board of Administration, all based in the US. The USA is Vaibhav Global’s biggest market, with 2021 financial year revenue at US$234.9 million, according to its latest annual report.
Justice For Myanmar found at least 8 shipments of cut and polished rubies from Vaibhav Global in India to Shop LC Global Inc. in the USA since sanctions were imposed on MGE, based on data from the Panjiva database. These were shipped between May 15 and July 14, 2021.
Other Vaibhav shipments to the USA, as recently as September 19, list unspecified precious and semi-precious stones, as well as manufactured jewellery. Justice For Myanmar asked Vaibhav Global for details about the source of gemstones in these shipments but did not receive a response.
Shipping records from Panjiva show that Vaibhav Global has imported at least 8 shipments of Myanmar rubies to India, where its jewellery is manufactured for export, including since the Myanmar military’s attempted coup and the sanctioning of MGE in Vaibhav Global’s key foreign markets. These shipments were received between February 19 and June 9.
Vaibhav Global primarily sources Myanmar gems from its Thai subsidiary, STS Gems, which lists Myanmar as a key market and claims to procure gems “directly from the source”. Vaibhav Global imports rubies via STS in Bangkok.
Additionally, on April 7, Vaibhav Global received two shipments of jade from Myanmar, sent from STS Gems in Hong Kong.
Vaibhav Global is selling jade and gems from Myanmar through its own websites, its home shopping TV channels, through third-party sites and wholesale to other jewellery businesses.
Vaibhav Global’s main platform for consumer sales in the US is Shop LC, formerly called The Jewellery Channel and Liquidation Channel. Shop LC is headquartered in Austin, Texas.
A search of Shop LC’s website shows at least six items for sale made with Myanmar rubies, including rings, earrings and a pendant, and at least ten items made with Myanmar jade, including necklaces, bracelets and rings. Shop LC also has loose jade available for sale.
Shop LC additionally sells Myanmar jade and ruby jewellery and loose gemstones through major US corporations Amazon, Overstock and until recently, Walmart, who facilitate the transactions and receive a commission on goods sold.
Amazon currently lists a large range of Shop LC jewellery, including Burmese ruby rings, bracelets and pendants, and Burmese jade rings and earrings. Where country of origin is listed, the items specify India.
Amazon also lists loose rubies described as from “Mogok and Mong Shu, Myanmar”. However, the product description lists the country of origin as India.
Overstock lists jade and ruby jewellery manufactured by Vaibhav Global, including rings and loose rubies. Like Amazon, listings specify India as the country of origin, even when the product description describes the stone as “Burmese jade” or “Burmese ruby”.
Overstock states they “require that our suppliers maintain high moral and ethical standards in producing and transporting products offered for sale on our websites”.
Walmart listed a smaller range of Shop LC Myanmar jade and ruby jewellery but appears to have removed listings after being contacted by Justice For Myanmar in October.
Justice For Myanmar asked Amazon, Walmart and Overstock about their business with Shop LC jewellery, their sale of gemstones sourced from Myanmar and their human rights due diligence on third party sellers. None of the companies responded.
Vaibhav Global also sells jade and gems sources from Myanmar through Shop LC in Germany (Shop LC GmBH), and The Jewellery Channel (TJC) in the UK.
In 2018, following the Myanmar military’s campaign of genocide against the Rohingya and the threat of a ban on Myanmar gems, Shop LC launched the promotion “Burmese Ruby Smackdown” with a lighthearted video encouraging increased sales before a ban could be imposed.
Pass the Burma Act and ban Myanmar gemstones
In a press release announcing sanctions, Office of the Foreign Assets Control (OFAC) Director Andrea Gacki stated a commitment to “denying the Burmese military sources of funding” through the designation of MGE.
However, Vaibhav Global’s continued trade in Myanmar gemstones shows that US sanctions will have limited impact as the chain of intermediaries between US retailers and MGE may extinguish the sanctions interest, allowing the trade to continue.
A ban on Myanmar origin gems is essential. Section 203 of the Burma Act of 2021, introduced in October and currently before Congress, authorises the prohibition of all US imports of Myanmar gemstones. Justice For Myanmar urges members of Congress to stand with the people of Myanmar by passing the Burma Act and prohibit imports of Myanmar gemstones.
Consumers have an important role to play. Ask retailers to disclose the country of origin of gems they sell and boycott all gems from Myanmar.
Vaibhav Global’s investors must uphold their human rights responsibilities and divest unless the company stops trading in Myanmar gemstones.
The military’s sources of revenue must be cut off to stop the violence and support the rebuilding of a federal democracy..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2021-11-24
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Business and the Military, Sanctions, Gems - mining and trade
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Description:
"Over the eight months since the attempted military coup began, the situation in Myanmar
has continued to deteriorate. The National Unity Government (NUG) supports responsible
business investment that contributes to national development and respects the human rights
of Myanmar citizens. However, given the atrocities and human rights violations committed
by the illegitimate military junta on the people of Myanmar, the NUG also recognises that the
situation is such that it is now very difficult for foreign firms to operate responsibly in
Myanmar. In particular, NUG declared as a terrorist organization, to the SAC that pays no
respect to the rule of law, harms people and refuses to recognise the democratically elected
representatives of the Myanmar people. So foreign firms must not provide assistance,
support and communicate through their business activities to SAC.
To assist the international community and investors, the Ministry of Planning. Finance and
Investment (MoPFI) of the NUG published a 3 Pillar Framework Guiding Responsible
Investment and Continued Operations.1 This Framework recognises the contributions made
by investors to the economic and social development of Myanmar, and commits to protecting
investor interests in accordance with the rule of law. Under the Framework, the NUG calls on
business to
1. take every possible step to promote human rights
2. eliminate business interactions that support to the military junta's acts of terrorism
and sustain the military junta.
3. promote employee welfare and safety.
4. The NUG maintains that our first and foremost principle is to separate the military
from the economy. We want no military ownership or military-run businesses in the
Myanmar economy. For this reason, our call for sanctions focuses on military-owned
and military-linked businesses, entities, and individuals in order to starve the military
junta of income and to subject the military to full civilian control. The junta must not
be provided with access to funds that allow the generals to enrich themselves at the
expense of the Myanmar people and to continue their acts of terrorism against the
people of Myanmar.
Why sanctions and why is an NUG policy on sanctions needed?
The NUG would like the international community to know the NUG's stance on sanctions
against the military junta.
Currently, Myanmar finds itself facing multiple, simultaneous crises - an attempted coup and
a continuing people's revolution in response, ongoing atrocities including crimes against
humanity and possibly genocide, economic collapse, and a Covid-19 third wave that the
military junta has weaponised to eliminate political opponents. There is also a high possibility
of a fourth wave of Covid-19. Taken together, our country is on the brink of a humanitarian
catastrophe not seen in the region for the past half-century. The NUG would like to request ongoing aid from international donors and aid to be responsibly delivered bypassing the
military and its associates.
The NUG calls on the international community to implement stronger, tougher and
coordinated measures targeting the military's economic interests, in line with the findings of
the report of the UN Fact-Finding Mission on Myanmar. We are much encouraged by
sanctions so far imposed on the military-owned companies, individuals and other military
interests by some States but these measures need to be adopted by a larger number of
nations and strengthened to maximize their impact.
Beyond the military-owned conglomerates (Myanmar Economic Holdings Limited (MEHL) and
Myanmar Economic Corporation (MEC)) which have been sanctioned by some members of
the international community, there is a need to broaden sanctions to a wider number of
enterprises that have fallen under the control of the military junta since the coup. Only
broadening sanctions in this way will have a real impact on the military's income streams.
Sanctions should be imposed on state-owned enterprises that are now under military
control)2 At the foremost of the sanctions regime, as well as MEHL and MEC, should be the
Myanmar Oil and Gas Enterprise (MOGE), a Myanmar state-owned economic enterprise now
under military control. MOGE is the military's most important financial lifeline - one of a
handful of stable, predictable sources of finance used to procure weapons, surveillance
technologies and jet fuel. The military does not use the lucrative revenues from the oil and
gas sector for the benefit of the people of Myanmar, instead it uses the revenue to fund its
war against the civilian population. Therefore, it is extremely important and urgent to
sanction MOGE, a demand of the Myanmar people to the international community which is
yet to be answered.
In this instance, the NUG outlines below the sanctions measures where it calls for urgent
action:
The following business entities should be sanctioned:
• All state-owned enterprises now under the control of the junta, including MOGE;
• All businesses owned or controlled by or associated with the junta, especially MEHL
and MEC;
• All private businesses owned by individual members of the junta or by senior military
officers;
• All of the military's business partners and associates assisting the junta, including
private sector firms owned by individuals that are known 'cronies' of the military.
All payments, including taxes, dividends, profits and rents, that provide income to the junta
should be stopped.
Intent on targeting the military's economic interest, the sectors on which the NUG wants
the international community to impose sanctions are shown below in their priority order:
1. First priority: Oil and gas. This is because oil and gas companies provide a large and
steady stream of revenue to the junta.
2. Second priority: Mining. This is because the military has a large share of the mining
sector and profits directly flow to the military and their corrupt associates.
3. Third priority: Banking. Sanctioning international banks to prevent transactions
involving the Myanmar military will hurt the military's ability to buy weapons and also
to misappropriate the country's revenues for their personal gain.
What does the NUG want investors to do?
• Suspend all the business that are contributing to the military junta's acts of crimes
against humanity and cut off all the finance in any forms which are helping the military
acts of terrorism;
• Suspend all business dealings with all state-owned enterprises, including joint
ventures with state-owned enterprises;
• Suspend all business ventures with the military-owned or controlled holding
companies, including MEHL and MEC;
• Suspend all payments that provide income to the junta or to the military and instead
place owed funds into a third party account that cannot be accessed by the junta;
• Suspend all outstanding loans to Business Holdings Limited;
• Do not co-operate with the businesses owned by members of the junta or of the senior
military leadership or their families. Cancel the partnership if currently in business
with them;
• Do not co operate or do business with private sector firms owned by individuals that
are known 'cronies' of the military;
• Prohibit entry of members of the junta or of the senior military leadership and their
allies to other countries;
Responsible business operations and departure from Myanmar
In the event of businesses exiting Myanmar to relocate to another country and/or closing
down in Myanmar, the businesses must pay proper compensation to workers. However, the
NUG would like to remind that all business are Instructed NOT to pay any tax or provide any
income to the military regime of Myanmar. If it is not possible to avoid payment to the
military, then the only option is to suspend the business operation until democracy is fully
restored in Myanmar. In the case of exit from Myanmar and sale of an existing business, NUG
expects the investors to be vigilant and to conduct human rights due diligence, in line with
the UN Guiding Principles on Business and Human Rights, to verify responsible business
conduct of the would-be buyer. It is vital that businesses are not sold to irresponsible buyers,
including companies implicated in human rights abuses or associated with the military junta,
as this would only exacerbate what is already a dire situation in Myanmar.
Overall, all businesses must conduct heightened human rights due diligence and be vigilant
to avoid working with a local business partner that is connected to the illegal military junta.
Under those circumstances, where there is a clear investment nexus, investors could be
culpable for indirectly providing support to the military junta that is violating the human rights
of the people of Myanmar. International investors should also carefully examine their own
business and human rights policies and, if their presence in Myanmar is in conflict with their
own principles and policies, they should consider responsible exit..."
Source/publisher:
National Unity Government of Myanmar
Date of entry/update:
2021-11-10
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Individual Documents
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National Unity Government (NUG), Business and the Military, Sanctions, Sanctions - general
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"October 28, 2021: The Australian Centre for International Justice, Justice For Myanmar and Stop Adani cautiously welcome Adani Ports’ plans to divest from their Myanmar container port business, which is a testament to grassroots campaigns for corporate accountability in Myanmar and Australia, and the work of the UN Independent International Fact-Finding Mission on Myanmar (FFM).
The groups say Adani Ports’ decision to withdraw from the project shows that the Adani Group can walk away from projects that are breaching human rights and have renewed calls for Adani to shelve its controversial Carmichael coal mine in Australia that is opposed by Traditional Owners, the Wangan and Jagalingou people. Traditional Owners have this week called for urgent intervention from the Queensland government to protect a significant cultural site that Adani is preparing to clear for its coal mine. Earlier this month Queensland Police refused Adani’s requests to remove Traditional Owners occupying Adani’s Carmichael mine site and acknowledged their cultural rights under the Queensland Human Rights Act.
The port project is a partnership with Myanmar military conglomerate Myanmar Economic Corporation (MEC) under a build-operate-transfer deal, which made Adani Ports complicit in ongoing atrocities. Adani Ports’ deal with MEC came after the Myanmar military’s 2017 campaign of genocide against the Rohingya and was identified by the FFM in their report on the Myanmar’s military’s economic interests, which called for all businesses to cut ties with the Myanmar military and its conglomerates.
In March 2021, ACIJ and JFM published Port of Complicity, a report into Adani Ports’ business in Myanmar that included new evidence of payments to the MEC and the company’s direct relationship with Senior General Min Aung Hlaing, increasing pressure on investors. Adani Ports’ initial response was to deny the stark evidence of its business relationship with MEC.
In June, Adani Ports disclosed that they had paid US$90 million to MEC.
In August, ACIJ and JFM wrote to the US Treasury urging them to reject a request from Adani Ports for a general licence to exempt them from US sanctions on MEC.
Adani Ports’ business dealings in Myanmar and Australia have severely damaged the company’s reputation. In April, Adani Ports was removed from the Dow Jones Sustainability Index after human rights and environmental groups submitted a case for review due to Adani Ports’ links to the Myanmar port project and the Adani Carmichael coal project in Australia. Adani Ports set up the Bowen Rail Company who will soon begin hauling coal from Adani’s mine to Adani’s coal port on the Great Barrier Reef, the North Queensland Export Terminal, which is operated by Adani Ports. Investors continue to exclude the company citing environmental and human rights concerns.
Adani’s decision to divest comes amid increasing troop reinforcements and attacks against people in Sagaing and Magway Regions and Chin State in north-western Myanmar and as the UN reports fears of a spike in atrocities. As the military increases their campaign of terror, businesses and their investors must ensure that they are not complicit in financing the Myanmar military’s grave crimes.
Justice For Myanmar spokesperson Yadanar Maung says:
“Adani Ports’ plan to divest shows community and investor pressure works. Business with the terrorist Myanmar military does not pay. Adani Ports should never have gone into business with MEC, knowing they would be complicit in the Myanmar military’s atrocities. Adani Ports must now find a way to exit responsibly by mitigating the impact on their Myanmar workers and recovering what they can of their $90 million payment to MEC so they do not leave a windfall for the terrorist Myanmar military. Contractors on the port, including ITD Cementation India and Singapore firms HSL Constructor Pte Ltd and Asia Infrastructure Ptd Ltd must also ensure they cut all ties with the Myanmar military. Continuing work to develop the port creates an asset that the Myanmar military will use to further finance their campaign of terror.
While we recognise that Adani Ports has finally made the right call in Myanmar, Adani Group continues to do harm to the climate and communities elsewhere. We stand in solidarity with First Nations people, the Wangan & Jagalingou and all Australians in opposing Adani’s destructive Carmichael mine project.”
Rawan Arraf, Executive Director at the Australian Centre for International Justice said:
“We welcome the decision by Adani Ports to disengage from their deeply flawed investment in Myanmar. It was untenable for Adani Ports to maintain business with a sanctioned entity and after sustained pressure from the public and investors. It is a testament to the coordinated work of activists in Myanmar who were joined by campaigners in Australia and abroad to expose its dealings in Myanmar. For years, Adani Ports ignored the clear and direct public warnings before and after it entered into business in Myanmar.
It is positive that Adani Ports has shown an apparent willingness to engage in human rights due diligence obligations by divesting from Myanmar. However, there are massive failings connected to the Adani Group’s operations in India and Carmichael that it must reconcile. The impacts on the human rights of the Traditional Owners, the Wangan & Jagalingou are severe, they face destruction of their sacred places and cultural heritage. Adani Group companies must respect the rights of the Wangan & Jagalingou people and shelve its destructive Carmichael coal mine.”
Pablo Brait, Campaigner, Market Forces said:
“Adani finally announcing that it will walk away from its business with the Myanmar military shows that with enough pressure it can be convinced to do the right thing. The next project it needs to walk away from is the climate-wrecking Carmichael thermal coal mine. Building a new coal mine at a time when coal use needs to be urgently phased out sabotages efforts to limit global warming.”..."
Source/publisher:
Australian Centre for International Justice, Justice For Myanmar, Market Forces and Stop Adani
Date of entry/update:
2021-10-28
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"October 20, 2021
A legal memorandum has found that international law and guidance places due diligence obligations on the Singapore Exchange (SGX), and possible liability on the Monetary Authority of Singapore and the Singapore Government, in relation to companies doing business with the Myanmar military.
The legal memo authored by Felicity Gerry QC, counsel on the list at the International Criminal Court and at the Bar of England and Wales and Victoria, Australia, and Daye Gang, also of the Victorian Bar in Australia, focussed on the listing of Emerging Towns & Cities Singapore (ETC), the developer of the Golden City complex, under a build-operate-transfer agreement with the Myanmar Army’s Quartermaster General’s Office (QMGO). The memo was written at the request of the Australian Centre for International Justice and Justice For Myanmar.
Read the Legal Memo
International Legal Issues Arising for the Singapore Stock Exchange from its Listing of the Singapore-domiciled Emerging Towns & Cities Singapore Ltd given its Financial Relationship with the Quartermaster General’s Office of the Commander-in-Chief of the Myanmar army
While the memorandum should be read in full, we highlight some key quotes from the legal memorandum on International Legal Issues Arising for the Singapore Stock Exchange from its Listing of the Singapore-domiciled Emerging Towns & Cities Singapore Ltd given its Financial Relationship with the Quartermaster General’s Office of the Commander-in-Chief of the Myanmar army.
Authored by Felicity Gerry QC and Daye Gang
Insufficiency of ETC’s independent reviews (para 34)
“Checks required are wide ranging but questions of broader compliance with international law do not appear to have been part of Nexia’s review and it is not certain whether the review by Kelvin Chia Partnership will consider international laws to be ‘applicable laws’. To the extent that SGX’s financial relationships with ETC, and with QMGO by extension, arise under international law, they may ultimately not be raised with SGX. This appears to be inconsistent with the expectations of SGX in its own guidance and the expectations of potential sponsors of listed entities.”
Due diligence in relation to SGX listings (para 48)
“We have focused on state responsibility for business and human rights, and risk-taking by SGX in its approval of listing arrangements, which in turn could affect its status on international markets.”
Singapore’s obligations under Principle 7 of the UN Guiding Principles (para 53)
“Singapore may not have fulfilled its obligations under Principle 7 of denying access to public support and services for a business enterprise involved in human rights violations. Given the ongoing relationship between ETC and the Myanmar military and, in light of the FFMM’s findings, it is at least arguable that Singapore can do more to comply with the Guiding Principles to ensure that it is not complicit in human rights abuses.”
SGX and ETC corporate responsibility obligations under the UN Guiding Principles (para 57; 62)
“Thus, to comply with this principle, ETC and SGX should avoid causing or contributing to adverse human rights impacts through their own activities, or activities linked to their business relationship, regardless of the multiple links in the supply chain of their funding for Golden City.”
“If there is insufficient due diligence in a supply chain, then investment entities put themselves at risk of both criminal law and commercial liability, ranging from corruption to complicity.”
Singapore and the OECD Guidelines (para 73)
“While Singapore is not an OECD member, SGX, RHT, and ETC should all be aware of these types of risks: due diligence is a routine practice among financial institutions, and adding effective human rights due diligence to those practices is a prudent fiscal decision in the face of increased scrutiny, particularly where companies are becoming more transparent about their due diligence policies and practices.”
Due diligence risks under the OECD Guidelines (para 78; 79)
“It is not clear whether ETC has conducted an impact assessment pursuant to the higher standard required by the Guiding Principles, nor whether ETC has grievance mechanisms in place to address any actual adverse impacts on human rights resulting from their investments.”
“Due diligence failures by ETC create risk which, in turn, should be of concern to SGX, as a corporation and arguably a state organ, and to the Singapore Government. Such failures are investment risks, as well as risks of being connected to human rights violations. It is not just about rebuffing external pressures.”
Legal risks related to the Myanmar-Singapore Bilateral Investment Treaty (para 85)
“Where MEC is already subject to sanctions and further financial penalties may apply in the future, the entry into force of a BIT is likely to further complicate matters as the parties will be able to seek recourse in the Investor Grievance Mechanism or arbitration, rather than litigation in a domestic court. Companies are already considering legal action arising from the consequences of the coup and the pandemic. We add this material to remind those concerned that avoiding the complications of litigation or arbitration are desirable from a reputation and costs management perspective but also to observe that the risk of future complications flowing from the eventual entry into force of the BIT are relevant at the current time given that Golden City is a long term investment with a lease back arrangement running for some decades. It follows that SGX is likely to want to carefully review the financial arrangements around Golden City, with a view to minimising the risk of future as well as present complications.”
Commercial liability related to contracts (para 87)
“It is not necessarily enough to say that payments on a contract were conducted with due diligence. By trading with a military organisation that the FFMM found had engaged in human rights abuses, the circumstances of a construction project within Myanmar ought to be the subject of very close oversight to be satisfied that investment in it does not carry the risk of fiscal imprudence through the execution and life of the project.”
Commercial liability under torts-based regimes (para 93; 95)
“The overarching point for multinational entities is that an examination of compliance with domestic regulations will not absolve those in the chain of control of corporate acts or omissions which lead to harm, even in other countries. In principle at least, the questions for Singaporean entities can be summarised as follows:
(a) Could it be argued that there are victims of human rights abuses that give rise to a tort- based claim by the actions of the Myanmar military?
(b) What are the connecting factors as between the Myanmar military within Myanmar and the entities within Singapore?
(c) Are there connecting factors as between the entities in Singapore and UK entities?
(d) Would the victims suffer a lack of substantial justice in Myanmar?”
“In terms of global governance by networks of connected businesses facing a compliance mesh in a range of jurisdictions, the approach of the UK and US Supreme Courts remain highly relevant to the assessment of corporate risk.”
Potential criminal liability (para 99-101)
“Laws on complicity can be wide enough so investigations can engage in the assessment of individual conduct, not only corporate conduct. This can encompass international or domestic criminal liability and liability in jurisdictions with extra-territorial or universal jurisdiction. Connection to war crimes, terrorism, organised crime or international bribery and corruption through financial institutions may be relevant crimes for investigation.”
“MAS has already fined Asiaciti Trust Singapore S$1.1million for serious breaches of its anti- money-laundering and counter-terrorism finance requirements between 2007 and 2018. It is likely to be watching SGX’s actions carefully, given that SGX exercises regulatory responsibilities delegated by MAS.”
“It is unclear whether these risks have been considered by SGX. It is also not clear if the enquiries by or into ETC have considered the wide scope of criminal law and what risks might arise for both corporate and individual liability.”
International sanctions risk (para 110; 112-113)
“Golden City lease payments are capable of being caught by international sanctions, attracting further unwanted attention about the probity and origins of funds. Where sanctions impose reporting obligations, confidential information may be released to third parties, potentially without the knowledge or consent of the business. This is a particular concern in the case of Singapore, which has since 1988 found Myanmar an attractive target for foreign investment. ETC and its chain of subsidiaries are theoretically a subject for sanction. What is publicly known about its lease payments to the QMGO has already been concerning enough for ETC to engage its own independent reviewers. There are likely to be more financial relationships under investigation that would, if substantiated and passed on to interested parties, place ETC at greater risk of being captured by sanctions.”
“SGX and RTE, as fundraiser and sponsor respectively for ETC, face a need to assess risk of sanctions-avoidant depression in funding for projects with companies known to be affiliated with the Myanmar military. Depending on the amount of funds it raises across its whole offering, Mainboard and Catalist alike, it is also theoretically a subject of sanction for having provided financial support for MEC.”
“On both fronts, it is desirable that SGX assess the risk of being sanctioned itself, or its risks arising from listing companies at risk of sanction.”
Implications for SGX and the Singapore government under the International Law Commission Articles on the Responsibility of States for Internationally Wrongful Acts (para 118)
“Singapore in turn is faced with a correlated obligation to investigate, prevent and cease transactions that amount to wrongful acts. Accompanying this is also possible obligations to pay reparations for harm caused by funding the QMGO. In both instances, there may be likelihood that SGX, as the overseer of these actions, is condemned or further regulated as a result. The failure to further investigate or prevent ETC’s transactions may cause the MAS to shift to a stance of needing greater oversight over SGX than what SGX Reg-Co provides, and may even impact the discretion SGX have over its listing and oversight policies.”
Obligations under the Convention of the Rights of the Child (para 121-123)
“Singapore, therefore, has an obligation to ensure that SGX does not facilitate or aid the infringement of children’s rights. If Singapore fails to meet this obligation it is in breach of the Convention and may need to take necessary recourse to prevent this. This may include the imposition of penalties upon SGX for failing to meet human rights standards in allowing ETC to operate on the market.”
“Where ETC are engaging in commercial transactions which fund or otherwise support the Myanmar military – they are at risk of being complicit in the ongoing harm perpetuated against children within this conflict.”
“International law, through the Convention, recognises that every child has the right to life, and that states will do what is necessary to the extent possible to ensure their survival. The obligation on Singapore also extends to violations which occur in foreign territory, as the Convention does not limit jurisdiction. As stated by the Committee on the Rights of Child, states “must ensure that all business enterprises, including transnational corporations operating within their borders, are adequately regulated within a legal and institutional framework that ensures that they do not adversely impact on the rights of the child and/or aid and abet violations in foreign jurisdictions”. Therefore, where Singapore has the ability to regulate a transnational corporation, as it does in this instance with MAS regulating SGX and ETC, the state has the obligation to ensure that ETC does not engage in activities which aid breaches of Convention rights.”
Bribery and corruption (para 126)
“Bribery may be carefully disguised through a series of opaque transactions, such as in the recent conviction of Petrofac Limited and its former Head of Sales, and may therefore not have been detected among transactions audited for an independent review commissioned by ETC. It is therefore worth exploring how investigative findings of bribery may be addressed in the context of SGX’s financing of lease payments to the QMGO.”
Obligations under international humanitarian law (para 131)
“If there are findings of breach and the QMGO are financially implicated in those breaches, companies in financial relationships with the QMGO will have enabled them by financing breaches of international humanitarian law. General Assembly Resolution 60/147 of 16 December 2005 on “Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law” provides guidance that States should enable domestic judgments for reparation against entities liable for harm suffered because of gross violations of international human rights law and serious violations of international humanitarian law. Any such breach in which the QMGO is implicated attracts remedies that would be easily pursued and enforced in a situation such as the one in which SGX finds itself now: in a highly mature and competent jurisdiction with independent judicial authority, where the MAS is a regulator with teeth where necessary, and Singapore and its companies have been the largest foreign investor in Myanmar since 1988. SGX runs the real risk of being financially liable for reparations in a future where the Myanmar military and its financial organs, such as the QMGO and MEC, may be found responsible for grave breaches of international human rights or humanitarian law.”
Conclusion (para 133-135)
“Due diligence in a global marketplace is an onerous and important exercise that requires attention to a range of legal problems and risks and financial markets are at the core of ensuring corporate integrity and responsibility for human rights abuses.”
“There are remedies and risks which are very real for Singapore as a state, SGX as a holding company, global financial actor, and potential state organ, and ETC as a listed investment entity, together with its sponsor.”
“While the issues to be considered are broad and wide-ranging, in essence the global marketplace has developed to a stage where financial entities are expected to engage in the wider issues of corporate responsibility we have outlined.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2021-10-20
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Individual Documents
Category:
International Humanitarian Law (reports of violations in Burma), Business and the Military, Human Rights and international relations, Sanctions
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"October 20, 2021: A legal memorandum from leading international barrister Felicity Gerry QC found that international law and guidance places due diligence obligations on the Singapore Exchange (SGX), and possible liability on the Monetary Authority of Singapore and the Singapore Government, in relation to companies doing business with the Myanmar military.
The legal memo found that Singapore has an international legal obligation “to investigate, prevent and cease transactions that amount to wrongful acts”, which are applicable to business transactions with the Myanmar military and its business interests.
Legal remedies would be “easily pursued and enforced” against SGX if the Myanmar military’s financial organs are found to be in breach of international laws and/or compliance regulations including international human rights and humanitarian law.
The legal memo authored by Felicity Gerry QC, counsel on the list at the International Criminal Court and at the Bar of England and Wales and Victoria, Australia, and Daye Gang, also of the Victorian Bar in Australia, focussed on the listing of Emerging Towns & Cities Singapore (ETC), the developer of the Golden City complex, under a build-operate-transfer agreement with the Myanmar Army’s Quartermaster General’s Office (QMGO). The memo was written at the request of the Australian Centre for International Justice and Justice For Myanmar.
In February, SGX initiated regulatory actions against ETC after Justice For Myanmar published an investigation into payments to the Myanmar army, implicating funds raised on the SGX. ETC has commissioned two independent reviews: one by Nexia TS Advisory into contractual payments to the QMGO and fundraising; and another by Kelvin Chia Partnership into the applicability of sanctions and compliance with “applicable laws”.
However, the legal memorandum finds these reviews may not address international law risks in light of the 2019 UN Independent International Fact-Finding Mission on Myanmar (FFMM) report into the Myanmar military’s economic interests, and ongoing atrocity crimes.
The legal memo also raised the possibility of reputational and sanctions risks for the SGX, its regulator the Monetary Authority of Singapore, and by extension, the Singapore Government, should it not prevent continued payments from ETC to the Myanmar army.
Yadanar Maung, Justice For Myanmar spokesperson:
“This legal memorandum raises urgent questions for SGX and the Singapore government. As the memo points out, Singapore has been the largest foreign investor in Myanmar. ETC is just one of many Singapore companies that have commercial ties to the Myanmar military junta and its conglomerates. The memo shows that there could be serious legal consequences for Singapore authorities if they continue to turn a blind eye to the complicity of Singapore companies in the Myanmar military’s atrocity crimes. We welcome SGX’s regulatory actions against ETC and appeal to SGX and MAS to stop ETC’s payments to the Myanmar army. The Singapore government must end the use of its territory as a base for business with the criminal Myanmar military.”
Rawan Arraf, Executive Director at the Australian Centre for International Justice:
“This wide-ranging legal memorandum demonstrates the necessity for the Singapore Exchange and Singaporean authorities to seriously examine their obligations under international law, to include global governance compliance. As part of their examination of the issues, consideration must be made to providing effective redress to those that may have been harmed by business with the Myanmar military. More broadly, businesses operating in Myanmar need to undertake their due-diligence obligations broadly and seriously, and to ensure they promptly end all commercial ties with the Myanmar military and its business interests.”
According to the memo, potential international law issues arising from ETC’s continued listing on the SGX include:
● state and corporate responsibility under the UN Guiding Principles on Business and Human Rights;
● due diligence risks associated with the OECD Guidelines for Multinational Enterprises;
● supply chains and modern slavery;
● state responsibility for internationally wrongful acts;
● implications arising out of the Singapore-Myanmar bilateral investment treaty;
● commercial liability risks in relation to genocide, construction contracts, torts and land disputes;
● criminal liability risks in relation to atrocities, the crime of genocide, human trafficking, terrorist financing and money laundering;
● international sanctions risks;
● risks arising out of applying bribery, corruption legal frameworks
● potential risks of breaches of the Convention on the Rights of the Child, of which Singapore is a signatory; and
● breaches of international humanitarian law.
The legal memo was published today by ACIJ and Justice For Myanmar, and has been sent to Singapore Exchange Limited, the Monetary Authority of Singapore, Emerging Towns and Cities Singapore Limited and ETC’s sponsor, RHT Capital Pte. Ltd..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2021-10-20
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"October 18, 2021, Myanmar: A leaked November 2020 Myanmar army procurement document shows attempts to procure parts for tactical radios from Barrett Communications, an Australian defence firm that has been selling equipment to Myanmar for almost twenty years.
The army’s request specifies handsets, battery packs, display modules, internal modems, antenna tuning units and power amplifier interfaces for Barrett’s PRC-2090 manpack. According to the Barrett Communications website, a feature of the unit is frequency hopping, which is a prohibited export under Australia’s sanctions regime on Myanmar. The company told Justice For Myanmar that frequency hopping is not a standard item on the PRC-2090.
Barrett Communications disclosed to Justice For Myanmar that their last sale to Myanmar was in 2017, with Australian government authorisation. The company would not provide further details, stating that "all business transactions are commercial in confidence." 2017 is the year that the military launched a campaign of genocide against the Rohingya.
A spokesperson for Barrett Communications acknowledged that PRC-2090 parts could have been sold to the Myanmar military by third party sellers without authorisation from Barrett Communications.
Justice For Myanmar found that Barrett radios are also deployed in military airports and airports with heavy military traffic. In addition to Barrett equipment, Myanmar has also procured radios from Codan Limited for use in airports and the army may have received ultra-long range telemetry radio modems from RFDesign Pty Ltd. Codan and RFDesign are also Australian companies.
Justice For Myanmar spokesperson Yadanar Maung says: “We are appalled that the Myanmar military is using Australian technology for troop communications and air force operations. It has been known for over a decade that Barrett Communications provides advanced technology to the Myanmar military, an organisation that has committed genocide, war crimes and crimes against humanity against the people of Myanmar for decades with total impunity. Why then is the Australian government allowing this equipment to be sold to this terrorist organisation, which is waging a war against the Myanmar people? We want to know if the Australian government is complicit by approving these exports. If Barrett Communications is breaching Australia’s export controls, then they must be held accountable by law. It is appalling that successive Australian governments have courted the military and are now giving the junta a free pass, not even sanctioning coup leader and war criminal Min Aung Hlaing. Australia needs to immediately strengthen and reinforce its arms control regime to ensure that no more equipment is transferred to the Myanmar junta.”
Codan Ltd and RFDesign did not respond to a request from Justice For Myanmar for an explanation of their business with Myanmar..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2021-10-18
[field_licence]
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"Burma Campaign UK today welcomed a call by the European Parliament for more European Union (EU) sanctions on state owned banks, gas revenue, and the State Administrative Council, a body set up by the military after the coup.
The European Parliament passed a Resolution on 7th October calling for further action by the EU.
It is now almost four months since the last round of EU sanctions targeting members of the military and revenue going to the military. During this time the military has stepped up repression of those opposing the coup, with more than 7,000 political prisoners in detention and more than 1,100 people killed. At least quarter of a million people have been displaced as a result of fighter jets bombing civilian areas and attacks by the Burmese Army.
“The EU had appeared to be on the right track with regular rounds of sanctions targeting revenue to the military, but now progress has stalled,” said Mark Farmaner. “The delay in new EU sanctions not only means more money for the military, but also sends the wrong signal to the military, that the EU won’t apply more pressure.”
Under the previous military dictatorship sanctions were not applied strategically, but rather as a kind of slap on the wrist every few years in response to atrocities. It had appeared that the European Union and others were applying a more strategic approach this time, with a more systematic effort to identify sources of revenue to the military and cut them off, and doing so on a continuous basis. This is essential in order to let the military and its business allies know that the economic noose will keep tightening around their neck, there will be no let-up in pressure.
However, in recent months only the British government has continued to implement new sanctions, with the USA also failing to take further action. With the Biden administration failing to act, a new Burma sanctions bill has been introduced in Congress.
There have been no new sanctions by any country targeting gas revenues, which are one of the single biggest sources of foreign currency for the military. Nor have there been any sanctions targeting the supply of aviation fuel to the military, despite bombings and flyovers by military jets and drones resulting in tens of thousands of people being displaced and creating a humanitarian crisis.
New sanctions have an important short term financial and political impact, but in addition there is a vital long term cumulative impact of sanctions which will be effective in not only reducing revenue to the military, but also undermining the crony nepotistic business infrastructure which is so important to the military support base.
“The European Parliament has sent an important reminder to the EU that they must keep identifying and sanctioning sources of revenue to the military,” said Mark Farmaner. “EU member states have to stand up to Macron, who is putting the financial interests of Total ahead of human rights and democracy in Burma, and opposing EU sanctions on gas revenue.”..."
Source/publisher:
"Burma Campaign UK" (London)
Date of entry/update:
2021-10-08
[field_licence]
Type:
Individual Documents
Category:
2021 Burma/Myanmar coup d'état, Human Rights and international relations, Sanctions, Business and the Military
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"Sep. 27, 2021, Myanmar: Htoo Group of Companies (HGC) is a major crony conglomerate with deep ties to the Myanmar military. On September 2, 2021, the UK government imposed targeted sanctions against HGC and its chairperson, Tay Za, citing the group’s provision of financial support and arms to the Myanmar military. HGC responded with a press release on September 6, 2021, stating that they disagree with the sanctions designation and advised that they are seeking clarification “as there is no actionable data or detailed information”.
To advocate for further sanctions against Tay Za and HGC, and to support sanctions enforcement, Justice For Myanmar has published data on Tay Za’s business network and links to the Myanmar military and its junta. This includes a leaked meeting note sheet on business between the Myanmar Air Force and Yangon Aircraft Engineering Company Limited that provides further evidence of Tay Za’s involvement in the arms trade, as well as a spreadsheet detailing 131 directors and shareholders of 60 HGC subsidiaries and associated businesses.
Justice For Myanmar spokesperson Yadanar Maung says: “Tay Za and his network are close and longstanding business partners of the Myanmar military and have built immense wealth from the military’s systemic corruption. They stand complicit in the military’s ongoing atrocity crimes through their business with the junta and its conglomerates, including concessions, a joint venture, land leases and the sale of arms and related services. The illegitimate military junta is continuing its campaign of terror across Myanmar, murdering more than 1,100 and arresting more than 8,000 including children, committing torture, sexual violence, mass killings, looting and destroying properties, attacking medical workers and blocking humanitarian aid. Over 250,000 people have been forced to flee from the junta’s indiscriminate aerial assaults, shelling and mortar attacks and ground clearance operations in ethnic areas. These international crimes are enabled by Htoo Group and other crony conglomerates. We demand the international community act now to impose further sanctions against Tay Za, his family members and their businesses, as well as all other business associates of the Myanmar military. The international community must act to support the Myanmar people’s struggle for federal democracy and send a clear message that the criminal conduct of the military junta and its cronies will no longer be tolerated.”
Note to editors
See Justice For Myanmar’s page on Htoo Group and its business with the Myanmar military: www.justiceformyanmar.org/stories/htoo-groups-business-with-the-myanmar-military
See Justice For Myanmar’s list of military-owned businesses, directors and significant business associates that require targeted international sanctions here: www.justiceformyanmar.org/stories/myanmar-military-controlled-businesses-associates-that-require-targeted-sanctions
Justice For Myanmar, a group of covert activists campaigning for justice and accountability for the people of Myanmar, is calling for an end to military business and for federal democracy and a sustainable peace..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2021-09-27
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Individual Documents
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Business and the Military, Sanctions, Sanctions - general
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"Myanmar’s military regime will auction off 12,500 tons of hardwood on September 16 and 30 as it seeks to raise hard currency to fund its coup.
Myanma Timber Enterprise, the state-run entity which controls Myanmar’s timber sales, said the timber for sale includes 1,500 tons of teak logs and 1,000 tons of sawn teak. The auction will be held in Yangon’s Insein Township with buyers bidding online.
In May, the junta held three separate auctions at which nearly 10,300 tons of timber were sold for around US$5 million, followed by another auction in June of more than 14,000 tons of timber.
The wood sold in May and June reportedly came from a stockpile of 200,000 tons of illegally-harvested timber seized by the now-ousted National League for Democracy government.
The UK and US-based Environmental Investigation Agency (EIA) said in a statement in May that the military regime is seeking an injection of hard currency by selling off thousands of tons of illegal timber to international markets.
Faith Doherty, EIA Forests Campaigns Leader, said, “Why would this state enterprise do this, other than to obtain desperately-needed hard currency to continue the junta’s brutal persecution of the people of Myanmar”.
Since the February 1 coup, the US, Canada, EU and Britain have sanctioned the regime’s resources and environmental conservation minister, U Khin Maung Yi, as well as other relevant individuals in Myanmar, to prevent the junta from exploiting the country’s resources.
However, twenty-seven Italian timber traders imported teak into the EU from Myanmar despite clear regulations, in the form of the EU Timber Regulation, which prohibit such imports, said the EIA in a September 1 report. The Italian traders imported wood worth between US$1.5 million and US$1.77 million from Myanmar between March and May this year.
“By continuing the trade, these companies are effectively supporting the military junta and its brutal repression of the Myanmar people as well as the destruction of the country’s forests,” said the EIA’s Doherty.
The parallel National Unity government has warned that it will blacklist any bidder and government staff involved in the junta’s timber auctions..."
Source/publisher:
"The Irrawaddy" (Thailand)
Date of entry/update:
2021-09-12
[field_licence]
Type:
Individual Documents
Category:
Illegal Economy - general, Sanctions, Business and the Military, Sanctions - general, 2021 Burma/Myanmar coup d'état
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Sub-title:
The 57-year-old has supplied the military with weapons and financial aid, Britain's foreign office said
Description:
"The UK government on Thursday announced new sanctions against Myanmar tycoon Tay Za and his businesses for providing arms and financial support to the military.
Tay Za owns the Htoo Group of Companies and his business empire includes banks, airlines and hotels. The 57-year-old is one of the richest people in the country. He helped supply arms to the former junta led by Than Shwe and is infamous for his illegal logging activities.
Britain’s government said it will freeze all assets held by Tay Za and his companies and ban him from entering the country. The sanctions will also prevent others from providing funds or economic resources to the tycoon.
A UN fact finding mission in 2019 said that Tay Za helped to fund the 2017 military campaign against the Rohingya, which has been labelled genocide.
“U Tay Za is associated with the military through his extensive links with the former and current junta regimes and has provided support for serious human rights violations in his role in assisting the military to procure arms,” the UK’s foeign office said in its statement.
British foreign secretary Dominic Raab said the new sanctions came as “the military junta has shown no signs of halting its brutal attack on the people of Myanmar.”
“The UK will continue to restrict the junta’s access to finance and the supply of arms used to kill innocents, including children, and target those who support the junta’s actions,” he added.
The UK has imposed several rounds of sanctions since the coup, targeting top military officials, the military’s business interests, and members of the coup regime..."
Source/publisher:
"Myanmar Now" (Myanmar)
Date of entry/update:
2021-09-03
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Sub-title:
Foreign Secretary Dominic Raab announces new sanctions against U Tay Za and Htoo Group of Companies.
Description:
"these sanctions target a key business associate of the military junta, and his network of companies for providing financial support and arms to the military
this move follows sanctions on senior Myanmar military officers and their associated businesses following February’s military coup
Foreign Secretary Dominic Raab has announced new sanctions today against Myanmar businessman U Tay Za and his business empire Htoo Group.
Htoo Group of Companies, of which U Tay Za is the founder and chairman, is a large business network that operates across the region, which contributed funds to the 2017 Rohingya clearance operations in Rakhine. U Tay Za is associated with the military through his extensive links with the former and current junta regimes and has provided support for serious human rights violations in his role in assisting the military to procure arms.
These sanctions make clear that the UK will take concrete measures to limit the junta’s access to finance and economic resources, including by targeting business networks associated with the military regime.
Foreign Secretary, Dominic Raab, said:
The military junta has shown no signs of halting its brutal attack on the people of Myanmar.
Along with our partners, the UK will continue to restrict the junta’s access to finance and the supply of arms used to kill innocents, including children, and target those who support the junta’s actions.
Enforced with immediate effect, sanctions will freeze all UK assets held by Htoo Group and U Tay Za, as well as banning the business tycoon from entering the UK. Sanctions will also block others from providing funds or economic resources to both those designated.
These sanctions follow recent efforts to ensure that the supply of arms to Myanmar is halted, and follow on from the Communiqué the UK secured at the G7 Foreign and Development Ministers’ Meeting, that committed members to prevent the supply of arms and technical assistance to the military. In addition, on 18 June, the UK worked with partners to deliver a UN General Assembly Resolution which urged member states to prevent the flow of arms to Myanmar.
Under the UK’s presidency the G7 continues to call for a return to democracy, an end to the violence and the immediate adoption of the ASEAN 5-point consensus, including the release of Daw Aung San Suu Kyi and other political prisoners..."
Source/publisher:
Govt. UK (London)
Date of entry/update:
2021-09-02
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Individual Documents
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Description:
"As the Tatmadaw, Myanmar’s military, appears to be consolidating its grip on power, at least in the capital Naypyitaw, the debate over whether sanctions or engagement would be the best way to influence the generals has once again begun. There is, however, a simple answer to that question: neither is effective. Myanmar’s military rulers have always had their own agenda and don’t listen to people outside their own inner circle, regardless of what outsiders say or do. Attempts to understand the Tatmadaw by using as yardsticks the standards of modern Western militaries such as conventional command structures, promotions, equipment, orders of battle and deployment is equally fruitless.
The way the Tatmadaw works and functions can best be described as feudal and deeply rooted in traditional authoritarian values where the king was God. The supreme ruler demands and rewards loyalty and disowns and punishes those who dare to be different—and this is the system that was introduced by General Ne Win when he built up the Tatmadaw in the 1950s and created a state within a state, which in 1962 seized absolute power.
Ne Win stepped aside in 1989 and died in 2002 but the system lived on under Senior General Than Shwe, supreme ruler from 1992 to 2011. Than Shwe even changed the stated purpose of celebrating March 27, which in the past was called Resistance Day and meant to commemorate the day in 1945 when the Myanmar military, armed and equipped by the Japanese, turned against their former masters. Now, in the new, monumental capital Naypyitaw created by Than Shwe, there stands an enormous statue of the three main warrior kings in Myanmar history: Anawratha, Bayinnaung and Alaungpaya. Tributes to them and their virtues have replaced references to the anti-Japanese struggle, which may still be mentioned but only in passing.
But he is now 88 years old, has been hospitalized with COVID-19 and may not be around for much longer. That means that Myanmar right now is at a crossroads. Although Than Shwe retired from active duties after the 2010 election, he has remained a father figure for the military and when he is gone there is no obvious candidate for the role as the next King of the Tatmadaw.
The new junta leader, Senior General Min Aung Hlaing, is perceived by many as weak, and lacks charisma as well as leadership qualities. As a Yangon-based Myanmar analyst put it: “He doesn’t have the political stature of General Ne Win, the military manpower of General Than Shwe or the wiliness of both.” The future of military rule is therefore up for debate and that is where the question of sanctions versus engagement comes into the picture.
Sanctions and boycotts serve a purpose when it comes to rallying support for Myanmar’s democratic forces, which is important in order to keep the movement alive and prepare for possible future scenarios, but recent history shows that such measures have so far had zero impact on how the Tatmadaw as an institution acts and thinks. The views of those in the West who advocate engagement actually reflect what amounts to a blatant neo-colonial attitude or, as I wrote in The Irrawaddy on June 11, 2015, words to the effect of: “We have to go and tell those funny little brown fellows how to run their country, and, because we are big and clever white guys, surely they will listen to us.” It is, however, easy to image what the generals’ reaction is when they receive those Western proponents of engagement: “Those myaukpyu [white monkeys] are sort of amusing. But they are not very clever. So let’s use them.” Or words to that effect.
The third way, some Western diplomats and academics argue, is to apply a carrot-and-a-stick policy with punishments such as sanctions when the Tatmadaw behaves badly, and rewards in the form of aid and investment if the generals take some positive steps such as allowing more openness and demonstrate a willingness to negotiate a peaceful solution to the country’s decades-long civil wars. But, as one analyst put it: “That would work only if you are dealing with a donkey or a rabbit.” Josef Silverstein, a renowned Myanmar scholar who died on June 29 this year, once said: “If you offer them [the generals] a carrot, they will just eat it and ask for another one.”
Proponents of engagement have always underestimated the manipulative skills of the Tatmadaw and failed to realize that using military officers as intermediaries in the belief that their Myanmar counterparts would be more willing to listen to them than to civilians does not work. This was clearly demonstrated when Vice-Admiral David Johnston, vice chief of the Australian Defense Force, rang Vice-Senior General Soe Win, number two in the junta, or State Administration Council (SAC), to press for the release of Sean Turnell, an Australian academic and economic adviser to Daw Aung San Suu Kyi’s ousted government who was detained after the coup. Johnston also said that he urged the Tatmadaw not to use force against the protesters who were then filling the streets of Yangon and practically every city, town and major village in the country. But in Myanmar’s military-controlled media, the talk was described as a friendly discussion between two equals, thus appearing to be an endorsement of the coup.
When the European Union’s military chief of staff, Vice-Admiral Hervé Bléjean, called on Soe Win on March 9 to urge the Tatmadaw to stop all violence and release the country’s democratically elected leaders, the official media reported that they had discussed the SAC’s efforts to establish “community peace and the rule of law.” Myanmar analyst Ye Myo Hein pointed out succinctly in The Irrawaddy on Aug. 13: “Constructive engagement with the military by Western democracies did not transform the military into a professional organization, but instead and inadvertently emboldened and legitimized its leadership to do whatever they wished.”
Calls for engagement can also be outright distasteful and lacking in respect for the victims of the Tatmadaw. Erik Solheim, a Norwegian politician and former development minister who became a controversial figure when he unsuccessfully tried to mediate in the Tamil-Sinhalese conflict in Sri Lanka, wrote in the Norwegian journal Bistandsaktuellt on March 15 that the best way to honor Kyal Sin or “the Angel”, a 19-year-old demonstrator in Mandalay who was shot and killed by a sniper, would be through engagement and investment. Solheim asserted that the Norwegian telecom giant “Telenor is more important than the [UN] Security Council.” That, of course, was before Telenor in July sold all its businesses to a Lebanese company because it was too difficult to operate in SAC-ruled Myanmar. Telenor’s Sigve Brekke told Reuters after the pull-out: “There are three reasons why we think a sale is necessary: it is the safety of our employees, but also the regulatory conditions and also that there is good compliance.”
Sanctions, smart or otherwise, will remain ineffective for two major reasons. The first, which is also mostly overlooked, is the size of Myanmar’s parallel, or greyish-black, economy, which does not show up in any official statistics, and then the fact that countries such as China, Russia, Thailand, India, Malaysia, Vietnam and Singapore—Myanmar’s main trading partners—are happy to continue dealing with whoever is in power in Naypyitaw. Actually, most of them would prefer to deal with a military-run Myanmar than a democratic, transparent and accountable system where the authorities may have the audacity to clamp down on corruption and other malpractices.
Chinese Foreign Minister Wang Yi said in a speech at a forum at Tsinghua University on July 3 that the international community should refrain from imposing sanctions on the SAC, branding such actions as “inappropriate intervention.” Russia, another SAC ally, said as early as April 6 that sanctions against the SAC were futile and extremely dangerous. “In fact, such a line contributes to pitting the sides against each other and, ultimately, pushes the people of Myanmar towards a full-scale civil conflict,” the Russian Foreign Ministry said, as quoted by the Interfax news agency and reported by Reuters.
Russia and China, both permanent members of the UN Security Council, have consistently vetoed any attempt by other members to get the world body to take action against the SAC. China was also for years the Tatmadaw’s main source for military hardware and Myanmar has long been a buyer of Russian fighter jets, helicopters, drones and anti-aircraft missile systems.
And then there is the underground economy, which has kept Myanmar alive throughout rigid socialist policies before 1988 and sanctions and boycotts after that and until the West changed its policies in the aftermath of the 2010 election and the formation of a quasi-civilian government led by ex-General Thein Sein. Drugs, precious stones, timber, antiques and other artifacts have always been smuggled out of the country while assorted consumer goods have traveled in the other direction from countries such as China, India, Thailand and Singapore. The exact value of this informal—and illegal—trade is not known but runs into millions if not billions of dollars.
With an inadequate and largely untrustworthy banking system, many people in Myanmar prefer to utilize the services of dealers in what is called “hundies”, which in the Indian Subcontinent and the Middle East is known as “hawala”. Through this system, money is transferred via a network of private brokers, leaving no paper trail that any authorities can track down and follow. In short, Myanmar will, as it always has done, survive another round of punitive measures imposed by the West.
All that does not mean that change is never going to come to Myanmar—but it would have to come from within the Tatmadaw. And even the officer corps must realize through their Buddhist belief in anicca that nothing is permanent.
The possibility of splits within the military is usually dismissed by most foreign observers as unlikely because of the remarkable cohesion among officers that exists in the officer corps and their loyalty towards the supreme leader. While that is correct, Australian Myanmar expert Andrew Selth pointed out in a Feb. 19 article for the Lowy Institute, a Sydney-based think tank, that the highly unpopular coup will test the loyalty of military and police officers. “Times have changed and the latest generation of men in the security forces has grown up in a different environment than its predecessors…it would be a mistake to assume that they are just a mindless mass prepared to do whatever they are told,” Selth wrote. Even more important—and crucial for Myanmar’s future—would be what happens after the death of Senior General and Tatmadaw King Than Shwe.
Many pundits predicted that Myanmar, and the Tatmadaw, would change after the demise of Gen. Ne Win. But that did not happen. After an interregnum with the almost farcical junta leader General Saw Maung, a new strongman emerged. That may happen this time as well and it is highly unlikely that he will be more democratically minded than his predecessors. On the contrary, if Min Aung Hlaing were to be replaced because of his weaknesses, the new King could be even more savage and barbarous. But, on the contrary, if no person with strength and omnipotent stature is to be found, it would open a Pandora’s box of possibilities that could lead to unimaginable chaos and mayhem. And that is the grim legacy of the system Gen. Ne Win laid the foundations for—and which has prevailed since the military takeover in 1962.
Bertil Lintner is a Swedish journalist, author and strategic consultant who has been writing about Asia for nearly four decades..."
Source/publisher:
"The Irrawaddy" (Thailand)
Date of entry/update:
2021-08-20
[field_licence]
Type:
Individual Documents
Category:
Sanctions - general, Business and the Military, Sanctions, Politics and Government - global and regional - general studies, strategies, theory, 2021 Burma/Myanmar coup d'état
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"Aug. 12, 2021: Adani Ports & SEZ Ltd has requested that the United States’ Department of Treasury’s Office of Foreign Assets Control (OFAC) grant a general licence for their container terminal currently being developed under a build-operate-transfer agreement with Myanmar Economic Corporation (MEC), a conglomerate owned by the Myanmar military. MEC is a US sanctioned entity.
In its Q1 FY 2022 report, Adani Ports states that: “APSEZ believes that it is not in violation of any sanction guidelines issued by OFAC, and has, therefore, applied to OFAC for a general license to operate the Port.”
In response, the Australian Centre for International Justice (ACIJ) and Justice For Myanmar have written to the OFAC this week to urge that Adani Ports’ request for a general licence is denied, given the company’s continuing commercial ties with a military conglomerate, the MEC, that finances the military to conduct operations that involve war crimes and crimes against humanity. In addition to Adani Ports’ lease payments, the container terminal will become a future asset for the Myanmar military on completion of the lease.
In March 2021, the US government introduced sanctions against the Myanmar military’s two conglomerates, including the MEC. Adani Ports’ direct business ties with MEC raise serious questions about the company’s complicity with the Myanmar military’s egregious human rights abuses, some of which amount to serious crimes under international law.
ACIJ and Justice For Myanmar reiterate calls for Adani Ports’ shareholders to divest from the company. Adani Ports’ direct business with MEC exposes shareholders to major legal and reputational risks.
Yadanar Maung, spokesperson for Justice For Myanmar says: “It is abhorrent that Adani Ports is continuing to build a port for the MEC in Yangon, a company which finances the Myanmar military, which is carrying out a campaign of terror against the people that has killed over 960 people since the illegal military coup. The US Treasury should take a firm stand against Adani Ports and strengthen measures to stop the flow of revenue to the Myanmar military. Don’t give Adani Ports a licence to whitewash their business with war criminals.”
Rawan Arraf, Executive Director of the Australian Centre for International Justice said: “We call on the US Department of Treasury to deny Adani Ports a licence to continue its business with MEC. Because Adani Ports is creating a lucrative future asset for the MEC – this should raise serious concerns about whether Adani Ports is providing material assistance to a US sanctioned entity. Adani Ports has an obligation to respect human rights and it has consistently failed to disengage from their business with the Myanmar military, as was recommended by the UN Independent International Fact-Finding Mission on Myanmar.”
Note to editors
Our 30 March 2021 report, Port of Complicity: Adani Ports in Myanmar, provided compelling evidence detailing Adani Ports’ ties to the Myanmar military and its repeated failure to respond to accusations of complicity in international law violations through its business in Myanmar.
Adani Ports has continued to provide misleading statements about its business with the MEC. See press release here.
In April 2021, Adani Ports was removed from the Dow Jones Sustainability Index over its links with the Myanmar military and Australia’s Carmichael coal project. See press release here.
A number of institutional investors have announced divestment from Adani Ports as a result of its links with the Myanmar military and Australia’s Carmichael coal project, including SEB, Nordea and DNB..."
Source/publisher:
Australian Centre for International Justice and Justice For Myanmar
Date of entry/update:
2021-08-12
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, Human Rights and international relations, 2021 Burma/Myanmar coup d'état
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"1.1 Background
Once again like déjà vu the land of Myanmar splashed international front page headlines for its
recent brutal crackdown on protestors and monks in the autumn of 2007. People intercepted the
news with unsurprised horror as their memories flashed back to the infamous 1988 uprisings that
prematurely ended the lives of at least 1,000 civilians in Rangoon alone and possibly 3,000
nationwide.
1
This time around it was different with the international community and media
quickly coming to the aid of the protestors in voicing condemnation of the junta‘s actions and
calling for support for the protestors. Human rights and exiled Burmese activists further
increased pressure on the international community to take action against Myanmar and distance
themselves from the military regime. The 2007 anti-government protests (lasting from August
15th until approximately October 31st) were initially led by students and pro-democracy activists
in response to the government‘s increase of fuel prices, which consequently caused a spike in
public transport and staple food prices.2
In what was already an impoverished situation with
inflation at ahistorical levels, it was of course no surprise that social unrest ensued. This
particular fuel hike served as a watershed event for all the economic problems that had been
troubling the people of Myanmar for the last two decades since the last uprising of 1988 took
place. Monks from all over the country eventually joined in and took to the forefront of the
protests in what would be dubbed the ―Saffron Revolution‖ symbolizing the color of the robes
the monks wore. This did not appease the junta leaders as they proceeded forward with a brutal
crackdown on the protestors that resulted in the beating and killing of both civilians and monks
alike. The final death toll of the junta crackdown varies between the junta‘s own official figures
of 10 up to the 200 casualties claimed by dissident groups. In addition, many monks were
consequently detained and put in prison camps while some fear that many of them were
murdered. Upward to 6,000 demonstrators in all were arrested with many of them being
gradually released.3
As if it was not enough that Myanmar had garnered worldwide criticism for its loathsome
antics, Cyclone Nargis would draw renewed world attention and criticism to the country. On May 2nd of 2008, less than a year after the Saffron Revolution, Myanmar experienced the worst
natural disaster in the recorded history of Myanmar claiming the lives of over 100,000 people.
Abundant criticisms were directed toward the junta from the bungling of their own relief effort to
the blockage of international aid, and of their undeterred determination to proceed with elections
the following weekend. All of the mishandling and mismanagement of the crisis kept the junta
on the front page news while the international community desperately explored alternatives to
get help to those who needed it most. Yet again the junta reminded the world of its indifference
to its own people and mocked the world community for its inability to do anything. It is
unforeseen at this point whether this catastrophe has resulted in anything more than minimal
cooperation from the regime and often it is only for handouts of international aid. Cyclone
Nargis will presumably serve as a painful lesson that even in the worst state of crisis the junta of
Myanmar will still refuse to buckle to outside pressure.
Twenty years has now passed since the 1988 uprisings that initially brought international
attention to Myanmar and Nobel laureate Daw Aung Suu Kyi to the forefront of the democratic
opposition. Due to Aung San Suu Kyi and her party comrades‘ repeated arrests and detentions
for their political activities, the international community has adopted numerous diplomatic
strategies over the years with the hopes of coercing the junta into releasing the political prisoners
and into accepting the 1990 election results that favored Suu Kyi and her party, the National
League for Democracy (NLD). There has been consistent international pressure and activism
over the years for the release of the more than one thousand political prisoners locked up for
their participation in the 1988 demonstrations and/or other political activities. Despite the myriad
approaches undertaken by various actors the last two decades, Daw Aung Suu Kyi and many
others remain in captivity and the junta still rules the country with an iron fist. The most popular
approach utilized by state actors against the junta has by far been the imposition or threat of
economic sanctions. The historical timing of Suu Kyi‘s arrests and Myanmar‘s deplorable human
rights behavior against the backdrop of the post-Cold War relations proved a pivotal stimulus for
the use of economic sanctions as a diplomatic tool.
In terms of international cooperation in the United Nations, it wasn‘t until the end of the
Cold War that the international organization finally achieved unprecedented cooperation in the
United Nations Security Council (UN SC). Prior to this relations amongst the Security Council
permanent members had chilled from the start of the Cold War and dimmed any hopes for
cooperation in the Security Council. The renewed cooperation that brought an end to the chilly relations in the UN SC was marked by the Iraq invasion of Kuwait. As a result of this new unity,
a string of peacekeeping and enforcement activities followed suit, howbeit it was not military
activities that proved the most popular method of choice, but alternatively it was economic
sanctions that proved most appealing to Security Council members. It comes as no surprise then
that the 1990s has been dubbed ―the decade of economic sanctions.‖
4 Howbeit, not all these
economic sanctions consisted of multilateral mandatory economic sanctions as outlined under
article 41 of the UN Charter. On the contrary, many economic sanctions were and are indeed
today unilateral.
Since the rejuvenation of the UN SC following the Cold War, economic sanctions have
persistently been issued often to the detriment of the civilian population. A strong majority of the
literature on economic sanctions have questioned and raised doubts over the efficacy of
sanctions. A magnitude of political leaders, human rights activists, and scholars remain for the
most part oblivious and aloof to the detrimental harms of sanctions despite that nearly all are
aware that the infamous Iraqi sanctions campaign claimed the lives of half a million (of which
the majority were children). This is clearly another case of ―collective amnesia‖ since the
international community too often forgets the catastrophic errors of their time in spite of slogans
that cry “Never Again”. Sanctions are assumed to be a less costly alternative to armed force
when measuring the cost of lives, but as former UN Secretary-General Boutros Boutros-Ghali
expressed:
Sanctions, as is generally recognized, are a blunt instrument. They raise the ethical question of whether
suffering inflicted on vulnerable groups in the target country is a legitimate means of exerting pressure on
political leaders whose behaviour is unlikely to be affected by the plight of their subjects.
5
An overwhelming amount of literature and research by experts and scholars concede that
sanctions have had in fact drastic implications for vulnerable populations and frequently did not
achieve the objectives it had aimed for. My particular concern in this debate, which is needy of
more research, is the impact of sanctions on women. Women have appeared to suffer the brunt of
sanctions according to numerous anecdotal evidence since women are often times more
vulnerable to economic sanctions due to their gender and their relative impoverished and
disempowered position. Be that as it may, research in this area remains obsolete or very minimal
and is henceforth worthy of attention due to the urgency of this problem as this paper will show..."
Source/publisher:
Malmö University (Sweden)
Date of entry/update:
2021-08-07
[field_licence]
Type:
Individual Documents
Category:
Sanctions, Business and the Military, Sanctions - general, Politics and Government - global and regional - general studies, strategies, theory, Human Rights and international relations, Women and Politics in Burma/Myanmar
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1.41 MB (149 pages)
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"Aug. 4, 2021, Myanmar: US/Luxembourg satellite company Intelsat is continuing to lease transponder capacity to Myanmar’s brutal military junta via a UK subsidiary. Intelsat confirmed to Justice For Myanmar that they do not know how the capacity is being utilised. Intelsat would not answer questions regarding their compliance with sanctions in the EU and UK, which restrict the sale of technology to Myanmar that can be used for internal repression.
Myanmar’s agreement to lease capacity on Intelsat 39, branded Myanmarsat-2, was signed in 2018 and the Maxar Technologies-built satellite was launched in 2019. The agreement was signed by the Ministry of Transport and Communications, under the National League for Democracy-led government. However, it was overseen by a steering committee headed by military appointed Vice President Lt Gen Myint Swe. Committee members included the ministers of defence and home affairs, who are also military appointees, raising serious concerns over Intelsat’s human rights due diligence following the military’s genocide against the Rohingya.
Justice For Myanmar spokesperson Yadanar Maung says: “We call on Intelsat to act immediately to prevent the illegal and murderous Myanmar junta from using satellite capacity for military purposes. The Myanmarsat-2 agreement was signed under the National League for Democracy-led government and Intelsat must now consult with the National Unity Government over their continued business in Myanmar, not the illegal junta. We also call on the UK, Luxembourg, and US governments to ensure Intelsat is in compliance with sanctions and protecting human rights in Myanmar. The military has been widening its nationwide terror campaign against the Myanmar people and has murdered over 940 civilians, including children. More than 5,400 have been arrested, facing torture. We have grave concerns that satellite communications now under junta control can be used to support their violent attacks against the Myanmar people.”..."
Source/publisher:
Justice For Myanmar
Date of entry/update:
2021-08-04
[field_licence]
Type:
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Human Rights and international relations, Business and the Military, Sanctions, Genocide, 2021 Burma/Myanmar coup d'état
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"Today, six months and a day since the Myanmar military launched its coup d’etat, 462 civil society organisations (CSOs) made formal submissions to the E.U., U.K., U.S. and Australia demanding sanctions on the Myanma Oil and Gas Enterprise (MOGE). Sanctions should allow gas production to continue but require revenues to be paid into protected accounts until a legitimate, democratic government is in power.
State-owned MOGE currently provides around 50% of Myanmar’s foreign revenue, estimated to be USD 1.54 billion per year. Companies like Total, Chevron, Posco and PTTEP keep making and facilitating payments into MOGE accounts that are now controlled by the illegal regime, even as it commits atrocities, from air strikes on communities in ethnic areas to detaining and torturing peaceful protesters and journalists, while the devastating impact of a third Covid-19 wave rips across the country.
“The military junta has used gas revenues to purchase weapons ever since the first revenue from the Total-operated gas field started in the late 1990s. They will continue to use these gas revenues to purchase arms to continue its terror campaign against the population and further suppress the democracy movement,” said Ko Ye, a Myanmar activist who is part of the submission.
“People are struggling with no help, under this illegitimate and brutal junta that is carrying out hundreds of attacks on human rights defenders, democracy activists and medical personnel and facilities, arresting doctors and confiscating oxygen. If the funds keep flowing unchecked, this hell will continue. The military junta of Myanmar has an ugly track record of stealing gas revenues,” said Khin Ohmar, Chairperson of Advisory Board of Progressive Voice.
Citizens are refusing to pay electricity bills to avoid bankrolling the junta’s abuses. The U.S. government froze a billion dollars in assets of the Central Bank of Myanmar to stop the military misappropriating them. Meanwhile, governments have sanctioned state-owned enterprises in the timber, gems and jade sectors because they fund the junta, but MOGE operates unchecked, with no sanctions and bringing in larger revenues.
Myanmar’s elected lawmakers and civil society, who have lived under military rule, have assessed that the humanitarian impacts of funding the junta are far worse than the risk of power cuts if revenues are stopped. However, Total has publicly cited humanitarian concerns, dismissing the voice of Myanmar’s people. Total has even claimed that Myanmar gas is vital to keeping the lights on in Thailand, the destination for 80% of the gas is produces, despite Thailand having a massive energy surplus.
Gas companies are then privately lobbying with their governments claiming they will be quickly replaced by less ethical actors, and that ‘leverage’ would be lost. Yet with revenues from gas projects still flowing, either companies have no real leverage or they are not using it.
“Ultimately, our priority is to stop these revenues reaching the junta. If this cannot be achieved, either through sanctions that allow production to continue or through companies taking action directly, the companies must divest rather than lining the pockets of the junta, undermining the efforts of the Myanmar people who are striving for restoration of democracy and for a peaceful future,” said Khin Ohmar..."
Source/publisher:
Progressive Voice
Date of entry/update:
2021-08-04
[field_licence]
Type:
Individual Documents
Category:
Business and the Military, Sanctions, Human Rights and international relations, 2021 Burma/Myanmar coup d'état
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Format :
pdf
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69.87 KB
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Description:
"Since seizing power in February 2021, the Myanmar military has faced widespread allegations of human rights violations. Companies operating in Myanmar must make challenging decisions about how to responsibly navigate the crisis. International oil companies, including energy majors Total and Chevron, are under particular scrutiny as the military regime continues to sustain itself with revenues from the offshore gas industry.
The contracts in force are complex, as are the payment structures. While Total and Chevron have suspended some gas dividend payments, these are a fraction of what is reaching the military regime. 90% of the money >continues to flow.
Using publicly-available information, this Publish What You Pay policy brief summarises how revenues are flowing from international oil and gas companies through the state-owned Myanmar Oil and Gas Enterprise (MOGE), and on to the military. Since the attempted coup, these revenues are more likely than ever to be a direct source of finance for the Myanmar military. The following highlights these key findings:
MOGE has entered into four joint ventures as a representative of the Government of Myanmar for four offshore gas projects, including the Yadana Project operated by Total.
Following the attempted coup d’etat, the military has control over all government bank accounts, including MOGE’s accounts.
In 2017-2018, the amount that MOGE collected from projects under the responsibility of Total amounted to almost USD 400 million.
About 50 percent of Myanmar’s foreign exchange now comes from gas revenues, indicating a high likelihood that the military is relying on them. The brief encourages oil and gas companies to pay revenue owed to MOGE into a trust or protected account until a legitimate and democratically-elected government is in place in Myanmar.
Total’s response to this report
This report focuses on payments made to MOGE as a result of the Yadana Project operated by Total. Total has said publicly that it does not make payments to MOGE and that this is done by PTT. This briefing uses publicly available information to explain the complex contracts and payment structures at play, and what Total’s role is. We shared this briefing with Total prior to publication and it provided this statement. We invited Total to disclose further supporting documents publicly to clarify its position but it did not..."
Source/publisher:
Publish What You Pay (London)
Date of entry/update:
2021-08-02
[field_licence]
Type:
Individual Documents
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