Council Implementing Regulation (EU) 2023/2435 of 26 October 2023 implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma

Official Journal EN of the European Union L series 2023/2435 27.10.2023 COUNCIL IMPLEMENTING REGULATION (EU) 2023/2435 of 26 October 2023 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) The Council has reviewed the restrictive measures concerning 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 Annex IV to Regulation (EU) No 401/2013. On the basis of that review, those entries should be amended. In addition, on the basis of the updated information received the entry for one other person included in that Annex should be amended. (3) 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 in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 26 October 2023. For the Council The President P. NAVARRO RÍOS (1) OJ L 121, 3.5.2013, p. 1. ELI: http://data.europa.eu/eli/reg_impl/2023/2435/oj 1/32/3 ELI: http://data.europa.eu/eli/reg_impl/2023/2435/oj ANNEX Annex IV to Regulation (EU) No 401/2013 (‘List of natural and legal persons, entities and bodies referred to in Article 4a’) is amended as follows: (1) in Section ‘A. Natural persons referred to in Article 4a’, 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 military Date of birth: 27.1.1968; leadership in Myanmar. Gender: male Through IGGC, Naing Htut Aung provided financial support to the Myanmar Armed Forces Passport number: 12/MAKAYA (Tatmadaw) in 2017 at a fundraising event in connection with the Rakhine ‘clearance operations’, 118765 and donated to the Tatmadaw in 2023 on the occasion of the Armed Forces Day. Additionally, Naing Htut Aung was identified as an importer and broker of arms, military equipment and dual- use goods for the Tatmadaw, which were used against the civilian population and protesters all across the country. By contributing to the military’s capabilities to commit serious human rights violations and the repression of the civilian population, as well as to carry out activities undermining democracy and the rule of law in Myanmar/Burma, Naing Htut Aung provided support to the Tatmadaw and engaged in actions that threaten the peace, security or stability of Myanmar/Burma. 93. Myo Myint Oo Nationality: Myanmar/Burma; Myo Myint Oo has been the Union Minister for Energy since 5 August 2022. As Government 20.2.2023’; 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 revenue Gender: male 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. EN OJ L, 27.10.2023ELI: http://data.europa.eu/eli/reg_impl/2023/2435/oj 3/3 (2) in section ‘B. Legal persons, entities and bodies referred to in Article 4a’, entry 17 is replaced by the following: Name Identifying information Reasons Date of listing ‘17. International Address: Kyaik Wine Pagoda Road, International Gateways Group of Company Limited (IGGC) is a company co-directed by Naing 20.2.2023’. Gateways Group of No 19, Myaing Hay Wun Housing, Htut Aung and which operates in the trading sector. It contributed funds as the single largest Company Limited 8-Mile, Mayangone, Yangon, donor to the Myanmar Armed Forces (Tatmadaw) in 2017, at fundraising events for the Rakhine (a.k.a. IGGC, a.k.a. Myanmar; ‘clearance operations’ held by Commander in Chief Min Aung Hlaing. In addition, IGGC donated IGG) 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 military Thamadi Street No 4-1/3, 8th equipment and dual-use goods, which were used against the civilian population and protesters all Quarter, Mayangone Township, across the country. IGGC has therefore provided support to the Tatmadaw and engaged in actions Yangon region, Myanmar; 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 OJ L, 27.10.2023 EN