Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in respect of Myanmar/Burma and repealing Regulation (EC) No 194/2008
Modified by
  • Council Regulation (EU) 2018/647of 26 April 2018amending Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma, 32018R0647, April 27, 2018
  • Council Implementing Regulation (EU) 2018/898of 25 June 2018implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma, 32018R0898, June 25, 2018
  • Council Implementing Regulation (EU) 2018/1117of 10 August 2018implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma, 32018R1117, August 13, 2018
  • Council Implementing Regulation (EU) 2018/2053of 21 December 2018implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma, 32018R2053, December 21, 2018
  • Council Implementing Regulation (EU) 2019/672of 29 April 2019implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma, 32019R0672, April 30, 2019
  • Commission Implementing Regulation (EU) 2019/1163of 5 July 2019amending and setting out a single list for the Annexes containing contact details of Member States competent authorities and address for notifications to the European Commission to certain Regulations concerning restrictive measures, 32019R1163, July 8, 2019
  • Council Implementing Regulation (EU) 2020/562of 23 April 2020implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma, 32020R0562, April 24, 2020
  • Council Regulation (EU) 2021/479of 22 March 2021amending Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma, 32021R0479, March 22, 2021
  • Council Implementing Regulation (EU) 2021/480of 22 March 2021implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma, 32021R0480, March 22, 2021
  • Council Implementing Regulation (EU) 2021/638of 19 April 2021implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma, 32021R0638, April 19, 2021
  • Council Implementing Regulation (EU) 2021/706of 29 April 2021implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma, 32021R0706, April 30, 2021
  • Council Implementing Regulation (EU) 2021/998of 21 June 2021implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma, 32021R0998, June 21, 2021
  • Council Regulation (EU) 2022/238of 21 February 2022amending Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma, 32022R0238, February 21, 2022
  • Council Implementing Regulation (EU) 2022/239of 21 February 2022implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma, 32022R0239, February 21, 2022
  • Commission Implementing Regulation (EU) 2022/595of 11 April 2022amending certain Regulations concerning restrictive measures and setting out a single list for the Annexes to those Regulations containing the contact details of Member States’ competent authorities and the address for notifications to the European Commission, 32022R0595, April 12, 2022
  • Council Implementing Regulation (EU) 2022/662of 21 April 2022implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma, 32022R0662, April 22, 2022
  • Council Implementing Regulation (EU) 2022/2177of 8 November 2022implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma, 32022R2177, November 8, 2022
  • Council Implementing Regulation (EU) 2023/378of 20 February 2023implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma, 32023R0378, February 20, 2023
  • Council Implementing Regulation (EU) 2023/886of 28 April 2023implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma, 32023R0886, April 28, 2023
  • Council Implementing Regulation (EU) 2023/1497of 20 July 2023implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma, 32023R1497, July 20, 2023
  • Council Implementing Regulation (EU) 2023/2435of 26 October 2023implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma, 32023R2435, October 27, 2023
  • Council Regulation (EU) 2023/2694of 27 November 2023amending certain Council Regulations concerning restrictive measures in order to insert provisions on humanitarian exceptions, 32023R2694, November 28, 2023
  • Council Implementing Regulation (EU) 2023/2789of 11 December 2023implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma, 32023R2789, December 11, 2023
  • Council Implementing Regulation (EU) 2024/1249of 26 April 2024implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma, 32024R1249, April 29, 2024
Council Regulation (EU) No 401/2013concerning restrictive measures in view of the situation in Myanmar/Burma and repealing Regulation (EC) No 194/2008 CHAPTER 1
Article 21.It shall be prohibited to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression as listed in Annex I, whether or not originating in the Union, to any natural or legal person, entity or body in, or for use in Myanmar/Burma.2.Paragraph 1 shall not apply to protective clothing, including flak jackets and helmets, temporarily exported to Myanmar/Burma by United Nations personnel, personnel of the European Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.
Article 31.It shall be prohibited:(a)to provide technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, directly or indirectly to any natural or legal person, entity or body in, or for use in Myanmar/Burma;(b)to provide financing or financial assistance related to military activities, including, in particular, grants, loans and export credit insurance for any sale, supply, transfer or export of arms and related materiel, directly or indirectly to any natural or legal person, entity or body in, or for use in Myanmar/Burma.2.It shall be prohibited:(a)to provide technical assistance related to the equipment which might be used for internal repression as listed in Annex I, directly or indirectly to any natural or legal person, entity or body in, or for use in Myanmar/Burma;(b)to provide financing or financial assistance related to the equipment listed in Annex I, including, in particular, grants, loans and export credit insurance, directly or indirectly to any natural or legal person, entity or body in, or for use in Myanmar/Burma.3.It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in paragraphs 1 and 2.4.The prohibitions set out in paragraphs 1(b) and 2(b) shall not give rise to liability of any kind on the part of the natural or legal persons or entities concerned, if they did not know, and had no reasonable cause to suspect, that their actions would infringe those prohibitions.
Article 3a1.It shall be prohibited to sell, supply, transfer or export, directly or indirectly, dual-use goods and technology as included in Annex I to Council Regulation (EC) No 428/2009Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1)., whether or not originating in the Union, to any natural or legal person, entity or body in Myanmar/Burma or for use in Myanmar/Burma, if those items are or may be intended, in their entirety or in part, for military use, military end-user or the Border Guard Police.Where the end-user is the Myanmar's/Burma's military, any dual-use goods and technology procured by it shall be deemed to be for military use.2.When deciding on requests for authorisations in accordance with Regulation (EC) No 428/2009, the competent authorities shall not grant an authorisation for exports to any natural or legal person, entity or body in Myanmar/Burma or for use in Myanmar/Burma, if they have reasonable grounds to believe that the end-user might be a military end-user, the Border Guard Police or that the goods might have a military end-use.3.Exporters shall supply the competent authorities with all relevant information required for their application for an export authorisation.4.It shall be prohibited:(a)to provide technical assistance, brokering services or other services related to goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of these goods and technology, directly or indirectly to any military end-user, the Border Guard Police or for military use in Myanmar/Burma;(b)to provide financing or financial assistance related to goods and technology referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of these goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any military end-user, the Border Guard Police or for military use in Myanmar/Burma.5.The prohibitions in paragraphs 1 and 4 shall be without prejudice to the execution of contracts concluded before 27 April 2018 or ancillary contracts necessary for the execution of such contracts.6.Paragraph 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Myanmar/Burma by UN personnel, personnel of the EU or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.
Article 3b1.It shall be prohibited to sell, supply, transfer or export, directly or indirectly, equipment, technology or software identified in Annex III, whether or not originating in the Union, to any person, entity or body in Myanmar/Burma or for use in Myanmar/Burma, unless the competent authority of the relevant Member State, as identified on the websites listed in Annex II, has given prior authorisation.2.The competent authorities of the Member States, as identified on the websites listed in Annex II, shall not grant any authorisation under paragraph 1 if they have reasonable grounds to determine that the equipment, technology or software in question would be used for internal repression by the Government of Myanmar/Burma, public bodies, corporations or agencies, or any person or entity acting on their behalf or at their direction.3.Annex III shall include equipment, technology or software intended primarily for use in the monitoring or interception of internet or telephone communications.4.The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article, within four weeks of the authorisation.
Article 3c1.Unless the competent authority of the relevant Member State, as identified on the websites listed in Annex II, has given prior authorisation in accordance with Article 3b, it shall be prohibited:(a)to provide, directly or indirectly, technical assistance or brokering services related to the equipment, technology and software identified in Annex III, or related to the installation, provision, manufacture, maintenance and use of the equipment and technology identified in Annex III or to the provision, installation, operation or updating of any software identified in Annex III, to any person, entity or body in Myanmar/Burma or for use in Myanmar/Burma;(b)to provide, directly or indirectly, financing or financial assistance related to the equipment, technology and software identified in Annex III to any person, entity or body in Myanmar/Burma or for use in Myanmar/Burma;(c)to provide any telecommunication or internet monitoring or interception services of any kind to, or for the direct or indirect benefit of, Government of Myanmar/Burma, public bodies, corporations and agencies or any person or entity acting on their behalf or at their direction.2.For the purposes of point (c) of paragraph 1, "telecommunication or internet monitoring or interception services" means those services that provide, in particular using equipment, technology or software as identified in Annex III, access to and delivery of a subject's incoming and outgoing telecommunications and call- associated data for the purpose of its extraction, decoding, recording, processing, analysis or storing, or any other related activity.
Article 41.By way of derogation from Articles 2(1), 3(2), 3a(1) and 3a(4), and subject to Article 5, the competent authorities in the Member States, as indicated in the websites listed in Annex II, may authorise, under such conditions as they deem appropriate:(a)the sale, supply, transfer or export of equipment which might be used for internal repression as listed in Annex I or dual-use goods and technology listed in Annex I to Regulation (EC) No 428/2009, intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations and the European Union, or for European Union and United Nations crisis-management operations;(b)the sale, supply, transfer or export of de-mining equipment and material for use in de-mining operations; and(c)the provision of financing and financial assistance and technical assistance related to equipment, material, programmes and operations referred to in points (a) and (b).2.By way of derogation from Article 3(1), and subject to Article 5, the competent authorities in the Member States, as listed in Annex II, may authorise, under such conditions as they deem appropriate, the provision of financing and financial assistance and technical assistance related to:(a)non-lethal military equipment intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations and the European Union;(b)materiel intended for European Union and United Nations crisis-management operations.
Article 4a1.All funds and economic resources belonging to or owned, held or controlled by any natural or legal person, entity or body listed in Annex IV shall be frozen.2.No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of natural or legal persons, entities or bodies listed in Annex IV.3.Annex IV shall include:(a)natural persons from the Myanmar Armed Forces (Tatmadaw), the Myanmar Police Force and the Border Guard Police responsible for serious human rights violations in Myanmar/Burma;(b)natural and legal persons, entities or bodies whose actions, policies or activities undermine democracy or the rule of law in Myanmar/Burma, or who engage in, or provide support for, actions that threaten the peace, security or stability of Myanmar/Burma;(c)natural persons from the Myanmar Armed Forces (Tatmadaw), the Myanmar Police Force and the Border Guard Police responsible for obstructing the provision of humanitarian assistance to civilians in need;(d)natural persons from the Myanmar Armed Forces (Tatmadaw), the Myanmar Police Force and the Border Guard Police responsible for obstructing the conduct of independent investigations into alleged serious human rights violations or abuses;(e)legal persons, entities or bodies owned or controlled by the Myanmar Armed Forces (Tatmadaw), or generating revenue for, providing support to or benefiting from the Myanmar Armed Forces (Tatmadaw);(f)natural or legal persons, entities or bodies associated with those referred to in points (a) to (e).4.Annex IV shall include the grounds for the listing of the persons, entities and bodies concerned.5.Annex IV shall also include, where available, information necessary to identify the natural or legal persons, entities and bodies concerned. With regard to natural persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to legal persons, entities and bodies, such information may include names, place and date of registration, registration number and place of business.
Article 4b1.By way of derogation from Article 4a, the competent authorities of the Member States as identified on the websites listed in Annex II, may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources are:(a)necessary to satisfy the basic needs of natural and legal persons listed in Annex IV, and dependent family members of such natural persons, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and public utility charges;(b)intended exclusively for payment of reasonable professional fees or reimbursement of incurred expenses associated with the provision of legal services;(c)intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources;(d)necessary for extraordinary expenses, provided that the relevant competent authority has notified the grounds on which it considers that a specific authorisation should be granted to the competent authorities of the other Member States and to the Commission at least two weeks prior to authorisation; or(e)to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation.2.The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within four weeks following the authorisation.
Article 4c1.By way of derogation from Article 4a, the competent authorities in the Member States as identified on the websites listed in Annex II, may authorise the release of certain frozen funds or economic resources if the following conditions are met:(a)the funds or economic resources are subject to an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 4a was included in Annex IV, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to, on or after that date;(b)the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;(c)the decision is not for the benefit of a natural or legal person, entity or body listed in Annex IV; and(d)recognising the decision is not contrary to public policy in the Member State concerned.2.The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within four weeks of the authorisation.
Article 4d1.By way of derogation from Article 4a and provided that a payment by a natural or legal person, entity or body listed in Annex IV is due under a contract or agreement that was concluded by, or an obligation that arose for, the natural or legal person, entity or body concerned before the date on which that natural or legal person, entity or body was included in Annex IV, the competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that the competent authority concerned has determined that:(a)the funds or economic resources are to be used for a payment by a natural or legal person, entity or body listed in Annex IV;(b)the payment is not in breach of Article 4a(2)2.The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within four weeks of the authorisation.3.Article 4a(2) shall not prevent the crediting of the frozen accounts by financial or credit institutions that receive funds transferred by third parties to the account of a listed natural or legal person, entity or body, provided that any additions to such accounts will also be frozen. The financial or credit institution shall inform the relevant competent authority about any such transaction without delay.4.Provided that any such interest, other earnings and payments are frozen in accordance with Article 4a, Article 4a(2) shall not apply to the addition to frozen accounts of:(a)interest or other earnings on those accounts;(b)payments due under contracts, agreements or obligations that were concluded or arose before the date on which the natural or legal person, entity or body referred to in Article 4a was included in Annex IV; or(c)payments due under judicial, administrative or arbitral decisions rendered in a Member State or enforceable in the Member State concerned.
Article 4da1.Article 4a(1) and (2) shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:(a)the United Nations (UN), including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;(b)international organisations;(c)humanitarian organisations having observer status with the UN General Assembly and members of those humanitarian organisations;(d)bilaterally or multilaterally funded non-governmental organisations participating in the UN Humanitarian Response Plans, UN Refugee Response Plans, other UN appeals or humanitarian clusters coordinated by the UN Office for the Coordination of Humanitarian Affairs;(e)organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are certified or recognised by a Member State in accordance with national procedures;(f)Member States’ specialised agencies; or(g)the employees, grantees, subsidiaries or implementing partners of the entities referred to in points (a) to (f) while and to the extent that they are acting in those capacities.2.Without prejudice to paragraph 1, and by way of derogation from Article 4a(1) and (2), the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the provision of such funds or economic resources is necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs.3.In the absence of a negative decision, a request for information or a notification for additional time from the relevant competent authority within five working days of the date of receipt of a request for authorisation under paragraph 2, that authorisation shall be considered granted.4.The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under paragraphs 2 and 3 within four weeks of such authorisation.
Article 4dbBy way of derogation from Article 4a, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to the entity listed in entry 10 in Annex IV, or the making available of certain funds or economic resources to that entity, under such conditions as the competent authorities deem appropriate, after having determined that such funds or economic resources are necessary for:(a)tasks related to the decommissioning of oil and gas wells in accordance with international standards, such as waste disposal, site remediation activities required for safety and environmental restoration, the provision of related technical assistance, and the payment of related taxes and duties, as well as salaries and social benefits to employees; or(b)the transfer before 31 July 2022 of shares or interests necessary for the termination of contracts concluded with the entity listed in entry 10 in Annex IV before 21 February 2022.
Article 4e1.Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:(a)supply immediately any information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 4a, to the competent authority of the Member State where they are resident or located, and shall transmit such information, directly or through the Member State, to the Commission; and(b)cooperate with the competent authority in any verification of the information referred to in point (a).2.Any additional information received directly by the Commission shall be made available to the Member States.3.Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.
Article 4f1.The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person or entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen or withheld as a result of negligence.2.Actions by natural or legal persons, entities or bodies shall not give rise to any liability of any kind on their part if they did not know, and had no reasonable cause to suspect, that their actions would infringe the measures set out in this Regulation.
Article 4gIt shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures laid down in this Regulation.
Article 4h1.No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, in particular a claim for extension or payment of a bond, guarantee or indemnity, in particular a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:(a)designated natural or legal persons, entities or bodies listed in Annex IV;(b)any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a).2.In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the natural or legal person, entity or body seeking the enforcement of that claim.3.This Article is without prejudice to the right of the natural or legal persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.
Article 4i1.Where the Council decides to subject a natural or legal person, entity or body to the measures referred to in Article 4a, it shall amend Annex IV accordingly.2.The Council shall communicate its decision, including the grounds for listing, to the natural or legal person, entity or body referred to in paragraph 1, either directly, if the address is known, or through the publication of a notice, providing such natural or legal person, entity or body with an opportunity to present observations.3.Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the natural or legal person, entity or body accordingly.4.The list in Annex IV shall be reviewed at regular intervals and at least every 12 months.
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