Council Implementing Regulation (EU) 2021/998 of 21 June 2021 implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma

21.6.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 219 I/45 COUNCIL IMPLEMENTING REGULATION (EU) 2021/998 of 21 June 2021 implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in view of the situation in Myanmar/Burma and repealing Regulation (EC) No 194/2008(1), and in particular Article 4i thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: (1) On 2 May 2013, the Council adopted Regulation (EU) No 401/2013. (2) On 29 April 2021, the Council, considering the ongoing activities undermining democracy and the rule of law in Myanmar/Burma, as well as the brutal repression and serious human rights violations in the country, adopted Decision (CFSP) 2021/711(2)which renewed the restrictive measures in place, including all designations. (3) In view of the continuing grave situation in Myanmar/Burma, eight persons and four entities should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures in Annex IV to Regulation (EU) No 401/2013. (4) Regulation (EU) No 401/2013 should therefore be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 Annex IV to Regulation (EU) No 401/2013 is amended as set out in the Annex to this Regulation. Article 2 This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 21 June 2021. For the Council The President J. BORRELL FONTELLES (1) OJ L 121, 3.5.2013, p. 1. (2) Council Decision (CFSP) 2021/711 of 29 April 2021 amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma (OJ L 147, 30.4.2021, p. 17).ANNEX Annex IV to Regulation (EU) No 401/2013 is amended as follows: (1) the following entries are added in the list headed ‘A. Natural persons referred to in Article 4a’: Name Identifying information Reasons Date of listing ‘36. Soe Htut Date of birth: 29 March 1960; Lieutenant General Soe Htut is a member of the Myanmar Armed Forces (Tatmadaw). He is also member of 21.6.2021 the State Administrative Council (SAC) led by Commander-in-Chief Min Aung Hlaing. Place of birth: Mandalay, Myanmar; On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 Nationality: Myanmar/Burma; and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Gender: Male Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate. Soe Htut was appointed Minister for Home Affairs on 1 February 2021. The Minister for Home Affairs is responsible for the Myanmar Police Force, Fire Service and Prison Service. Functions of the Ministry for Home Affairs encompass State Security and Law and Order. In that capacity, Lieutenant General Soe Htut is responsible for serious human rights violations committed by the Myanmar Police since the military coup of 1st February 2021, including killing of civilians and unarmed protesters, violations of freedom of association and peaceful assembly, arbitrary arrests and detention of opposition leaders and peaceful protesters and violations of freedom of expression. Additionally, as a member of the SAC, Lieutenant General Soe Htut has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma. He is also directly responsible for the repressive decisions taken by the SAC, including legislation that violates human rights and limits freedoms of citizens of Myanmar, and for the serious human rights violations committed by the Myanmar security forces. 37. Tun Tun, Naung Date of birth: 30 April 1963; Lieutenant General Tun Tun Naung is a member of the Myanmar Armed Forces (Tatmadaw) and was 21.6.2021 previously a Commander. He is the Minister of Border Affairs and member of the National Defence and (a.k.a. Tun Tun Nationality: Myanmar/Burma; Security Council. Naing; a.k.a. Htun Gender: Male Htun Naung) L 219 I/46 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 21.6.2021Name Identifying information Reasons Date of listing In 2013, Tun Tun Naung was the Northern Commander overseeing the Burmese military’s conflict with the Kachin Independence Army. In this conflict, the Myanmar troops under the command of Tun Tun Naung carried out serious human rights abuses and violations of international humanitarian law. In 2017, Tun Tun Naung was commanding officer of the “1st Bureau of Special Operations”. Under his command, troops committed atrocities and serious human rights violations against ethnic minorities in Rakhine state during the “Rohingya clearance operations”. These operations commenced on 25 August 2017and involved arbitrary killings, physical abuse, torture, sexual violence, and detention of Rohingya people. As Commander in 2013 and 2017, Tun Tun Naung is responsible for serious human rights violations committed in Myanmar/Burma. On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. During these events, Tun Tun Naung accepted an appointment as Minister for Border Affairs in the Union Government on 1 February 2021and thereby a seat at the National Defence and Security Council. As member of the Union Government and Minister for Border Affairs, Tun Tun Naung is responsible for activities undermining democracy and the rule of law in Myanmar and actions that threaten the peace, security and stability of the country. 38. Win Shein Date of birth: 31 July 1957; Win Shein is the Minister for Planning, Finance, and Industry in the Union Government, appointed by 21.6.2021 Commander-in-Chief Min Aung Hlaing on 1 February 2021. (a.k.a. U Win Place of birth: Mandalay, Shein) Myanmar; On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 Nationality: Myanmar/Burma; and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Gender: Male Swe, functioning as Acting President, declared a state of emergency and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Address: Myananyadanar, Hlaing. Naypyitaw, Myanmar/Burma; 21.6.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 219 I/47Name Identifying information Reasons Date of listing Passport number: DM001478 By accepting his nomination as Minister for Planning, Finance, and Industry of the Union Government, and (Myanmar/Burma) through his important role in the economic policies of the regime, Win Shein is responsible for issued 10 Sep 2012 undermining democracy and the rule of law in Myanmar/Burma. expires 09 Sep 2022; National ID: 12DAGANA011336 39. Khin Maung Yi (a. Date of birth: 15 February 1965; Colonel Khin Maung Yi is the current Minister for Natural Resources and Environmental Conservation 21.6.2021 k.a. Khin Maung (MONREC). He was Permanent Secretary in this department under the democratically elected government. Place of birth: Rangoon, Yee; a.k.a. U Khin Myanmar; On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Maung Yi) Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 Nationality: Myanmar/Burma; and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Gender: Male Swe, functioning as Acting President, declared a state of emergency and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate. Colonel Khin Maung Yi was appointed Minister for Natural Resources and Environmental Conservation (MONREC) on 2 February 2021by the State Administrative Council (SAC) led by Commander-in-Chief Min Aung Hlaing. According to Myanmar law, MONREC is sole responsible for management the exploitation of natural resources of Myanmar, having a crucial role in the exploitation and trade of, among others, resources such as gemstones, pearls and other mineral resources as well as forestry. Under his leadership, MONREC controls Myanmar Pearl Enterprise (MPE), Myanmar Gems Enterprise (MGE) and Myanmar Timber Enterprise (MTE), having exclusive rights on the production and trade of resources on their areas of competence. By accepting his nomination to Minister for Natural Resources and Environmental Conservation and through his role in the exploitation of natural resources of Myanmar, Khin Maung Yi contributes to the funding of the military regime, therefore he is responsible for undermining democracy and the rule of law in Myanmar/Burma. 40. Tin Aung San Date of birth: 16 October 1960; Admiral Tin Aung San is the Commander-in-Chief of the Myanmar Navy and serves as the Minister of 21.6.2021 Transport and Communication. He is also member of the State Administration Council (SAC). Nationality: Myanmar/Burma; Gender: Male National ID: 12/La Ma Na (N) 089 489 L 219 I/48 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 21.6.2021Name Identifying information Reasons Date of listing On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate. Admiral Tin Aung San was appointed Minister of Transport and Communication on 3 February 2021by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing. As a Government Minister, he is responsible for communication and networks and thus makes decisions and implement policies that define the freedom of access to data on-line. Since he took over the ministry, there have been numerous shutdowns and deliberate slowing-downs of the internet, as well as orders for providers to prevent Facebook, Twitter and Instagram on-line. He is therefore directly responsible for limiting press freedom and access to information on-line and by doing so he is undermining democracy and rule of law in Myanmar/Burma. Being a member of the SAC, Tin Aung San has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma. He is also directly responsible for the repressive decisions taken by the SAC, including legislation that violates human rights and limits freedoms of citizens of Myanmar, and for the serious human rights violations committed by the Myanmar security forces. 41. Thida Oo Nationality: Myanmar/Burma; Thida Oo has been the Attorney-General of the Union of Myanmar since 2 February 2021, when she was 21.6.2021 appointed by the Commander-in-Chief of the Myanmar Armed Forces (Tatmadaw) Min Aung Hlaing. She is a.k.a. Daw Thida Gender: Female a member of the Myanmar Investment Commission (MIC). Oo On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February transferring the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the State Administration Council (SAC) was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate. 21.6.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 219 I/49Name Identifying information Reasons Date of listing Thida Oo has been part of the government that emerged from the coup since its first day, using the power granted by the 2010 Attorney General of the Union Law to pursue politically motivated trials and subsequent arbitrary detention and to act as an enabling force for the abuses committed by the military regime. She is therefore engaged in actions and policies undermining democracy and the rule of law in Myanmar/Burma, as well as actions that threaten the peace, security and stability of Myanmar/Burma. 42. Aung Lin Tun Nationality: Myanmar/Burma; Major General Aung Lin Tun is a member of the Myanmar Armed Forces (Tatmadaw) and serves as Deputy 21.6.2021 Minister of Defence. Gender: Male On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate. Major General Aung Lin Tun was appointed Deputy Minister of Defence on 11 May 2021by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing. Before his promotion, he was part of the Office of the Chief Commander of the Army and was involved in all repressive actions taken by SAC and Tatmadaw since the coup. As Deputy Minister of Defence, Major General Aung Lin Tun is engaged in policies and activities undermining democracy and the rule of law in Myanmar/Burma as well as actions that threaten the peace, security and stability of the country. Additionally, being a member of the military regime, Major General Aung Lin Tun is directly responsible for serious human rights violations committed by the security forces against peaceful protesters. 43. Zaw Min Tun Place of birth: Yenanchaung, Brigadier-General Zaw Min Tun is the Press Team Leader of the State Administrative Council and the 21.6.2021’; Myanmar; Deputy Minister for Information. He was the former Head of the Tatmadaw’s True News Information Team. Nationality: Myanmar/Burma; On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 Gender: Male and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate. L 219 I/50 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 21.6.2021Name Identifying information Reasons Date of listing He was appointed SAC Press Team Leader on 5 February 2021and Deputy Minister for Information on 7 February 2021by the State Administrative Council (SAC) led by Commander-in-Chief Min Aung Hlaing. As State Administration Council’s spokesperson, Brigadier-General Zaw Min Tun has presided over all the SAC’s press conferences, which aim to relay and justify SAC’s narratives over the coup and of the junta’s actions since then. As Government Deputy Minister of Information, he bears direct responsibility for state-owned media and thus for the broadcast and publication of official news. Since the nominations of Chit Naing as Minister of Information and Zaw Min Tung as his deputy, the newspapers have been filled with pro-military articles. Hence, Zaw Min Tun bears responsibility for junta propaganda and spreading disinformation through state media that are not reporting accurately. He also bears responsibility for decisions that led to the crackdown on Myanmar media. This includes directives, which ordered independent media not to use “coup”, “military regime”and “junta”, and which has seen local news outlets banned in the country and domestic and foreign journalists being arrested. In his statements, he publicly supports the military coup. He is therefore responsible for undermining democracy in Myanmar/Burma by limiting press freedom and access of information both on-line and off-line. As member of both the SAC and the junta government, Brigadier-General Zaw Min Tun is engaged in and provide support to actions and policies undermining democracy and the rule of law in Myanmar/Burma, as well as actions that threaten the peace, security and stability of Myanmar/Burma. (2) the following entries are added in the list headed ‘B. Legal persons, entities and bodies referred to in Article 4a’: Name Identifying information Reasons Date of listing ‘3. Myanma Gems Address: NO.70-072, Yarza, Myanmar Gems Enterprise (MGE) is a state-owned enterprise controlled by the Myanmar Armed Forces 21.6.2021 Enterprise (a.k.a. Thingaha Road, Thapyaygone (Tatmadaw), responsible for drafting rules and regulations and for supervising and granting permits to local Myanmar Gems Ward, Zabuthiri Township, private entrepreneurs, organizing emporiums and special sales for the productive hades and gems sale. Enterprise) Naypyitaw, Myanmar; MGE operates under the instructions of the Ministry of Natural Resources and Environmental Conservation (MONREC), whose Minister has been appointed by the State Administrative Council (SAC). Type of entity: State-owned enterprise; 21.6.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 219 I/51Name Identifying information Reasons Date of listing Place of registration: Myanmar; The Myanmar Armed Forces (Tatmadaw), has for a long time held significant jade and gemstone interests, especially through MGE’s leadership, which consists almost entirely of former military officials, and Website: http://www.mge.gov. activities conducted by two military conglomerates (Myanmar Economic Holdings Limited (MEHL) and mm/ Myanmar Economic Corporation Limited (MEC)). The coup of 1 February 2021has put MGE back under military control, allowing the Tatmadaw to significantly control the gem sector. MGE generates revenue for different department of the Myanmar State and through its various activities described above, the Tatmadaw is able to benefit directly or indirectly from the revenue generated by this sector, therefore contributing to its capabilities to carry out activities undermining democracy and the rule of law and to serious human rights violations in Myanmar/Burma. 4. Myanma Timber Address: Myanma Timber Enterprise (MTE) is a state-owned enterprise operating under the Ministry of Natural 21.6.2021 Enterprise Resources and Environmental Conservation (MONREC). MTE has exclusive rights on the production and Head office: Gyogone Forest the export of timber in Myanmar/Burma. (a.k.a. Myanmar Compound, Bayint Naung Road, Timber Insein Township, Yangin, On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Enterprise) Myanmar Hlaing, seized power from the civilian legitimate Government in a coup d’état and established the State Administration Council (SAC) to exercise legislative, executive and judicial powers of the State. Branch office: No 72/74 Shawe On 2 February 2021, the military regime appointed a new cabinet, including a new minister for Natural Dagon Pagoda Road, Dagon Resources and Environmental Conservation (MONREC). Through the SAC and the new cabinet, the Township, Yangon, Myanmar; military regime acquired control over and benefits from state-owned enterprises, including MTE. Therefore Type of entity: State-owned the Myanma Timber Enterprise and its subsidiaries are controlled by and generate revenue for the enterprise; Tatmadaw, therefore contributing to its capabilities to carry out activities undermining democracy and the rule of law. Place of registration: Myanmar; Phone number: 01-3528789 Website: http://www.mte.com. mm/index.php/en 5. Forest Products Address: Forest Products Joint Venture Corporation Limited (FPJVC) operates in timber industry in Myanmar 21.6.2021 Joint Venture processing teak and hard wood. Despite being a public company, FPJVC is controlled by the State, which (i) 422/426(Rm 2), 2nd Flr, Strand Corporation holds the majority of FPJVC’s shares through the Ministry of Natural Resources and Environmental Rd., Corner of Botahtaung Limited Conservation (MONREC) (10 %) and the state-owned Myanma Timber Enterprise (MTE) (45 %), and (ii) has Pagoda St., FJVC Center, Ward (4), the right to appoint the majority of the members of the Board of Directors of FPJVC (with 3 members BTHG; appointed by each of MONREC and MTE, respectively, out of eleven members). L 219 I/52 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 21.6.2021Name Identifying information Reasons Date of listing Type of entity: Joint Venture; Place of registration: Myanmar; Phone number: 01-9010742; 01-9010744; 09-443250050 Email: fjv.md@gmail.com On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, seized power from the civilian legitimate Government in a coup d’état and established the State Administration Council (SAC) to exercise legislative, executive and judicial powers of the State. On 2 February 2021, the military regime appointed a new cabinet, including a new minister for Natural Resources and Environmental Conservation (MONREC). Through the SAC and the new cabinet, the military regime acquired control over and benefits from state-owned enterprises, including FPJVC. FPJVC is thus controlled by and generate revenue for the Tatmadaw, therefore contributing to its capabilities to carry out activities undermining democracy and the rule of law. 6. Myanmar War Address: Thukhuma Road, Myanmar War Veterans Organization (MWVO) is a non-governmental organization that aims at providing 21.6.2021’. Veterans Datkhina Thiri Tsp, Naypyitaw support to former members of the Myanmar Armed Forces (Tatmadaw). It is the main organization that Organization Division, Myanmar; weighs in on social and economic issues related to the military in the country. Type of entity: Non- On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Governmental Organization; Hlaing, seized power from the civilian legitimate Government in a coup d’état and established the State Administration Council (SAC) to exercise legislative, executive and judicial powers of the State. Place of registration: Yangon, On 2 February, the SAC was established to exercise those powers, preventing the democratically elected Myanmar; government from fulfilling its mandate. Date of registration: 1973; Phone number: (067) 30485 Website: https://www.mwvo. org/Home/About 21.6.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 219 I/53Name Identifying information Reasons Date of listing According to MWVO’s mandate, the non-governmental organization acts as a reserve force of the Tatmadaw and takes part in shaping the national defence and security policy. Additionally, MWVO organizes pro-regime rallies and practises people’s militia, therefore supporting Tatmadaw carrying out activities undermining democracy and the rule of law Myanmar/Burma. The central patron group of MWVO is represented by high-ranking figures of Tatmadaw such as Commander-in-Chief Min Aung Hlaing and Deputy-Commander-in-Chief Soe Win. Members of the MWVO are part of the governance structure of the military-led conglomerates, the Myanmar Economic Holdings Limited (MEHL) and Myanmar Economic Corporation Limited (MEC). Therefore, MWVO is associated with persons and entities listed under Council Decision 2013/184/CFSP and Council Regulation (EU) No 401/2013. L 219 I/54 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 21.6.2021