US Issues Myanmar Sanctions, Export Controls
The U.S. on Feb. 11 announced sanctions and export controls targeting the Myanmar military, defense ministry and security services after it carried out a coup earlier this month (see 2102100060). The White House also issued an executive order outlining a new Myanmar sanctions regime and said more restrictions will be imposed “in the coming days.”
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The executive order authorizes the Treasury and the State Department to block all assets and property in the U.S. belonging to any foreign person operating in Myanmar’s defense sector or involved in undermining democracy, threatening peace and committing human rights violations. The order, which also blocks exports of certain property to Myanmar, may also target members of the country’s government, their close family members and companies controlled by Myanmar’s military forces or owned by a person sanctioned under the order.
The Commerce Department will restrict exports of sensitive goods to the Myanmar miliary and other entities involved in the coup, including the country's Ministry of Defense, Ministry of Home Affairs, armed forces and security services. Commerce said the Bureau of Industry and Security will impose a presumption of denial for items that require a license for export to the Myanmar agencies and will revoke certain previously issued licenses that “have not been fully utilized.” BIS will also suspend certain license exceptions for Myanmar, including Shipments to Country Group B countries (GBS) and Technology and software under restriction (TSR).
BIS is also considering adding certain Myanmar entities to the Entity List and adding Myanmar to its list of countries subject to restrictions under BIS's military end-user (see 2012220027) and military intelligence end-user rules (see 2101140035). The agency said it may also downgrade Myanmar's Country Group status in the Export Administration Regulations. The White House said Commerce will “continue to assess and develop additional regulatory amendments to impose further export restrictions” to make sure the military cannot access U.S. technologies.
The sanctions, issued by the Treasury Department's Office of Foreign Assets Control, target 10 people and three entities for playing a “leading role in the overthrow” of the country's government. The designations target several military leaders, including Min Aung Hlaing, the commander-in-chief of Myanmar's military, and military officials Soe Win, Myint Swe, Sein Win, Soe Htut, Ye Aung, Mya Tun Oo, Tin Aung San, Ye Win Oo and Aung Lin Dwe. OFAC also sanctioned Myanmar Ruby Enterprise, Myanmar Imperial Jade Co., LTD. and Cancri Gems & Jewellery Co., LTD. for being owned or associated with the country's military forces.
OFAC said it will continue to push for the release of political prisoners, including State Counselor Aung San Suu Kyi and President Win Myint. “We are also prepared to take additional action should Burma’s military not change course,” Treasury Secretary Janet Yellen said in a statement. “If there is more violence against peaceful protestors, the Burmese military will find that today’s sanctions are just the first.”
Along with the restrictions, the U.S. said it plans to join a Feb. 12 session of the United Nations Human Rights Council to garner support and “highlight the need for the military to end human rights abuses.” The White House said it remains “in close contact with like-minded nations.”