Date: 2023-10-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (CFSP) 2023/2422 of 26 October 2023 amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma
Executive Summary:
Council Decision (CFSP) 2023/2422 amends Decision 2013/184/CFSP regarding restrictive measures against Myanmar/Burma. The decision extends the application of certain restrictive measures until April 30, 2024. It also amends the listings of specific individuals and entities subject to these measures based on updated information.
Key Points / Main Content:
* **Extension of Restrictive Measures:**
* Article 12 of Decision 2013/184/CFSP is amended to extend the application of the decision until April 30, 2024.
* The decision will be kept under constant review and may be renewed or amended.
* **Amendment of Annex:**
* The Annex to Decision 2013/184/CFSP, which lists sanctioned individuals and entities, is amended.
* Entries 84 and 93 in Section A (Natural Persons) are replaced with updated information.
* Naing Htut Aung is relisted due to providing financial and material support to the Tatmadaw.
* Myo Myint Oo is relisted as the Union Minister for Energy, for actions undermining democracy and supporting actions threatening peace, security, and stability in Myanmar.
* Entry 17 in Section B (Legal Persons, Entities and Bodies) concerning International Gateways Group of Company Limited (IGGC) is replaced with updated information.
* IGGC is relisted due to its financial and material support to the Tatmadaw and involvement in arms procurement.
* **Entry into Force:**
* This Decision enters into force on the day following its publication in the Official Journal of the European Union (October 27, 2023).
Impact Analysis:
* **Naing Htut Aung and Myo Myint Oo:**
* Impact: Continued asset freeze and travel ban within the EU.
* Action Required: Ensure compliance with the sanctions and seek legal counsel if necessary.
* **International Gateways Group of Company Limited (IGGC):**
* Impact: Continued asset freeze within the EU.
* Action Required: Ensure compliance with the sanctions and seek legal counsel if necessary.
* **EU Member States:**
* Impact: Obligation to enforce the updated sanctions and restrictive measures.
* Action Required: Update national legislation and enforcement procedures to reflect the changes in the decision.
* **EU Businesses and Individuals:**
* Impact: Prohibition on dealing with the listed individuals and entities.
* Action Required: Conduct due diligence to ensure compliance with the sanctions and avoid any transactions or activities that could violate the restrictions.
Key Entities Referenced
European Union: The political and economic union of member states located primarily in Europe. The Council of the European Union adopted the decision.
Myanmar/Burma: A country in Southeast Asia, the focus of the restrictive measures outlined in the decision.
Council Decision CFSP 2023/2422: A Council decision amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma.
Decision 2013/184/CFSP: Council Decision 2013/184/CFSP of 22 April 2013 concerning restrictive measures in view of the situation in Myanmar/Burma
Naing Htut Aung: A Myanmar/Burmese national, Director and sole shareholder of International Gateways Group of Company Limited (IGGC), listed for providing financial support and arms to the Myanmar Armed Forces.
Myo Myint Oo: A Myanmar/Burmese national, Union Minister for Energy, listed for actions undermining democracy and the rule of law in Myanmar/Burma.
International Gateways Group of Company Limited (IGGC): A company based in Myanmar/Burma, listed for contributing funds and procuring arms for the Myanmar Armed Forces.
Myanmar Armed Forces (Tatmadaw): The armed forces of Myanmar/Burma, identified as receiving support from listed individuals and entities.
Official Journal EN
of the European Union L series
2023/2422 27.10.2023
COUNCIL DECISION (CFSP) 2023/2422
of 26 October 2023
amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation
in Myanmar/Burma
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) On 22 April 2013, the Council adopted Decision 2013/184/CFSP(1).
(2) With regard to entry 84 in Section A and entry 17 in Section B in the list of natural and legal persons, entities and
bodies subject to restrictive measures set out in the Annex to Decision 2013/184/CFSP, the measures in
Articles 5(1) and 6(1) of that Decision apply until 29 October 2023.
(3) On the basis of an interim review of Decision 2013/184/CFSP, the restrictive measures concerning those two entries
should be prolonged until 30 April 2024.
(4) Based on the updated information received, those two entries and the entry for one other person included in the
Annex to Decision 2013/184/CFSP should be amended.
(5) Decision 2013/184/CFSP should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2013/184/CFSP is amended as follows:
(1) Article 12 is replaced by the following:
‘Article 12
This Decision shall apply until 30 April 2024. It shall be kept under constant review. It shall be renewed, or amended as
appropriate, if the Council deems that its objectives have not been met.’;
(2) the Annex is amended in accordance with the Annex to this Decision.
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
(1) Council Decision 2013/184/CFSP of 22 April 2013 concerning restrictive measures in view of the situation in Myanmar/Burma
(OJ L 111, 23.4.2013, p. 75).
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OJ L, 27.10.2023
Done at Brussels, 26 October 2023.
For the Council
The President
P. NAVARRO RÍOS
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ANNEX
The Annex to Decision 2013/184/CFSP (‘List of natural and legal persons, entities and bodies referred to in Articles 5(1) and 6(1)’) is amended as follows:
(1) in Section ‘A. Natural persons referred to in Articles 5(1) and 6(1)’, entries 84 and 93 are replaced by the following:
Name Identifying information Reasons Date of listing
‘84. Naing Htut Aung Nationality: Myanmar/Burma; Naing Htut Aung is a Director and sole shareholder of International Gateways Group of 8.11.2022’;
Company Limited (IGGC) operating in the trading sector. He has strong ties with the
Date of birth: 27.1.1968;
military leadership in Myanmar.
Gender: male Through IGGC, Naing Htut Aung provided financial support to the Myanmar Armed Forces
(Tatmadaw) in 2017 at a fundraising event in connection with the Rakhine ‘clearance
Passport number: 12/MAKAYA
operations’, and donated to the Tatmadaw in 2023 on the occasion of the Armed Forces
118765
Day. Additionally, Naing Htut Aung was identified as an importer and broker of arms,
military equipment and dual-use goods for the Tatmadaw, which were used against the
civilian population and protesters all across the country.
By contributing to the military’s capabilities to commit serious human rights violations and
the repression of the civilian population, as well as to carry out activities undermining
democracy and the rule of law in Myanmar/Burma, Naing Htut Aung provided support to
the Tatmadaw and engaged in actions that threaten the peace, security or stability of
Myanmar/Burma.
‘93. Myo Myint Oo Nationality: Myanmar/Burma; Myo Myint Oo has been the Union Minister for Energy since 5 August 2022. As 20.2.2023’;
Government Minister, he forms part of the military regime.
Place of birth: Myanmar/Burma;
Under his authority, EU-listed entity Myanmar Oil and Gas Enterprise (MOGE) generates
Gender: male revenue for the EU-listed State Administration Council (SAC) and Myanmar Petroleum
Enterprise, which is engaged in the import and distribution of aviation fuel including for
fighter jets and other military aircraft.
As Minister for Energy, he is in charge of enabling the investment and cooperation with
foreign partners in the oil and gas sectors, which creates revenue for the SAC, thereby
contributing to securing the financial needs of the military regime and to importing aviation
fuel for the military which enables the military airstrikes against civilians.
He is therefore a natural person whose actions, policies or activities undermine democracy
or the rule of law in Myanmar/Burma, or who engages in, or provides support for, actions
that threaten the peace, security or stability of Myanmar/Burma.
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(2) in section ‘B. Legal persons, entities and bodies referred to in Article 6(1)’, entry 17 is replaced by the following:
Name Identifying information Reasons Date of listing
‘17. International Gateways Address: Kyaik Wine Pagoda Road, International Gateways Group of Company Limited (IGGC) is a company co-directed by 20.2.2023’.
Group of Company No 19, Myaing Hay Wun Housing, Naing Htut Aung and which operates in the trading sector. It contributed funds as the single
Limited (a.k.a. IGGC, 8-Mile, Mayangone, Yangon, largest donor to the Myanmar Armed Forces (Tatmadaw) in 2017, at fundraising events for
a.k.a. IGG) Myanmar; the Rakhine ‘clearance operations’ held by Commander in Chief Min Aung Hlaing. In
addition, IGGC donated to the Tatmadaw in 2023 on the occasion of the Armed Forces Day.
or
Furthermore, IGGC has been involved in arms procurement for the Tatmadaw, including
Thamadi Street No 4-1/3, 8th military equipment and dual-use goods, which were used against the civilian population and
Quarter, Mayangone Township, protesters all across the country. IGGC has therefore provided support to the Tatmadaw and
Yangon region, Myanmar; engaged in actions that threaten the peace, security or stability of Myanmar/Burma.
Email:
internationalgatewaysho@gmail.
com;
Place of registration: Myanmar;
Associated individual: Naing Htut
Aung (Director and sole shareholder)
Associated entity: MEHL
EN
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