2008 Anti-Foreign-Sanctions Act of Union of Myanmar

2008 Anti-Foreign-Sanctions Act of Union of Myanmar

The State Peace and Development Council might have to enact the
following Act sooner or later if there is no prospect for the end of
the continued efforts to enact sanctions and embargo against the Union
of Myanmar and its entities.
CHAPTER I (TITLE, JURISDICTION AND DEFINITIONS)
(1) This Act shall be called ``2008 Anti-Foreign-Sanctions Act of
Union of Myanmar. ''
(2) This Law shall have jurisdiction on any person who commits any
offence cognizable under this Law in the territory of the Union of
Myanmar, or on Myanmar citizen or any person residing permanently in
the Union of Myanmar who commits the said offence outside the country,
or on any person who commits the activities prohibited under this
Act.
(3) The following expressions contained in this Act shall have the
meanings given hereunder:-
(a) The term OFFENCE means an act of engaging in activities or
speeches mentioned in Chapter V of this Act.
(b) The term the COMMITTEE means the Central Committee against Foreign
Sanctions and Embargos against Union of Myanmar and its Entities
formed under this Act: The 2008 Anti-Foreign-Sanctions Act of Union of
Myanmar.
(c) Property means movable or immovable property in any form, being
corporeal or incorporeal and tangible or intangible. This expression
also includes profits, rights and titles pertinent to property.
(d) The term PERSON means
(i) an individual, corporation, company, business association,
partnership, society, trust, any other nongovernmental entity,
organization, or group; and
(ii) any successor, subunit, or subsidiary of any person described
in subparagraph (i).
(e) The term MYANMAR PERSON means any Myanmar citizen, permanent
resident alien, juridical person organized under the laws of Union of
Myanmar (including foreign branches), or any person in Union of
Myanmar.
(f) The term IMMEDIATE FAMILY means parents, step-parents,
grandparents, siblings, spouses, children, step-children and
grandchildren of the Person in session (d)
(g) The term MYANMAR ENTITIES means any an individual, corporation,
company, business association, partnership, society, trust, any other
nongovernmental entity, organization, or group legally registered in
accordance with the laws of Union of Myanmar.
(h) In this context “freezing of funds and property” means preventing
any move, transfer, alteration, use of, access to, or dealing with
funds in any way that would result in any change in their volume,
amount, location, ownership, possession, character, destination or
other change that would enable the funds to be used, including
portfolio management.

(i) In this context “freezing of economic resources” means preventing
their use to obtain funds, goods or services in any way, including,
but not limited to, by selling, hiring or mortgaging them.
CHAPTER II (OBJECTIVES)
4. The objectives of this Act are as follows:-
(a) to end the enactment of foreign sanctions and embargos against
Union of Myanmar and its entities;
(b) to prevent the enactment of further sanctions and embargos against
Union of Myanmar and its entities;
(c) to enable taking of effective action against PERSONS responsible
for the foreign sanctions and embargos against Union of Myanmar and
its entities and hold them accountable for their actions;
(d) to identify individuals responsible for the foreign sanctions and
embargos against Union of Myanmar and hold them accountable for their
actions;
(e) to condemn the sanctions and embargos against Union of Myanmar and
its entities;
(f) to discourage Myanmar Persons from being involved in or calling
for sanctions and embargo against Union of Myanmar and its entities.
CHAPTER III (FORMATION OF THE CENTRAL COMMITTEE AND DUTIES AND POWERS
THEREOF)
5. The Government shall form the Central Committee against Foreign
Sanctions and Embargos against Union of Myanmar and its Entities
comprising the following persons:-
(a) Minister of Ministry of Home Affairs as Chairman
(b) Minister of Ministry of Finance and Revenue as Deputy Chairman
(c) Deputy Ministers of relevant Ministries as members
(d) Deputy Attorney General as Member
(e) Deputy Governor of the Central Bank of Myanmar as member
(f) Director General of Department of Settlements and Land Records as
member
(g) Director General of Department of Housing and Urban Development as
member
(h) Director General of Bureau of Special Investigation as Secretary
(i) Director General of Department of Political Affairs, Ministry of
Foreign Affairs as Joint Secretary
6. The duties of the Central Committee are as follows:-
(a) laying down the policies to achieve the objectives set forth in
the Chapter II of this Act.
(b) supervising and directing in taking action against the sanctioned
persons under this Act;
(c) directing an Investigation Body to identify PERSONS in violation
of prohibitions under this Act;
(d) directing the Preliminary Scrutiny Body to scrutinize the report
of findings submitted by the Investigation Body;
(e) guiding and supervising the relevant government departments and
organizations so that banks, financial institutions and economic
enterprises may carry out the penalties imposed on the PERSONS
determined by the Committee as violating the activities prohibited
under this Act;
(f) submitting the report of its activities to the Government in
accordance with the stipulations.
(g) transmitting to the State Peace and Development Council, the
Government of Union of Myanmar and appropriate ministries and Myanmar
missions abroad a list of sanctioned persons under this Act
(h) transmitting updated information to the State Peace and
Development Council, the Government of Union of Myanmar and
appropriate ministries and Myanmar missions abroad, updated lists of
the persons described in Chapter [ ] as new information becomes
available.
7. The powers of the Committee are as follows:-
(a) freezing the funds, property and economic resources of the
sanctioned persons found in violations of the activities prohibited
under this Act and revising thereof from time to time;
(b) prescribing, with the approval of the Government the amount of
value of funds, property and economic resources to be frozen;
(c) forming the Investigation Body and Preliminary Scrutiny Body and
prescribing their functions and duties, and making arrangement to
enable aiding of necessary and sufficient resources including money
and technical know-how to such bodies;
(d) assigning duties to the Investigation Body to carry out
investigation, enter a building and conduct inspection, search, and
seize funds, property and economic resources of the sanctioned
PERSONS, in accordance with the stipulations of this Act;
(e) passing an order permitting the return of the frozen funds,
property and economic resource and revoking the permission;
(f) issuing and order to the responsible persons of the banks and
financial institutions and private property to allow search and
freezing of funds, property and economic resources, at the relevant
banks and financial institutions, examining and making copy of the
financial records and if necessary to allow search and seizure thereof
as exhibit by the Investigation Body;
(g) issuing the prohibitory order to the relevant departments,
organizations and persons not to convert, transfer, conceal,
obliterate and disguise funds, property and economic resources of the
sanctioned persons during the investigation period under this Law, and
directing the attachment and sealing thereof;
(h) issuing an order to the relevant departments, organizations and
persons to freeze funds, property and economic resources of the
sanctioned persons, and directing the attachment and sealing thereof;
(h) revoking the order issued under sub-sections f, g and h
(i) giving necessary protection and deserving reward to an informer in
respect of funds, property and economic resources of the sanctioned
persons;
(j) forming the staff office comprising experts to assist the Central
Committee in performing its functions and duties.
(k) by regulation, further defining the terms used in paragraph (1)
for purposes of this Act, as the Committee considers appropriate.
(l) further instructing the Minister of Home Affairs, the Minister of
Foreign Affairs and the Minister of Finance and Revenue to devote
sufficient resources to the identification of information concerning
potential persons to be sanctioned to carry out the purposes described
in this Act.

CHAPTER IV: PROHIBITED ACTIVITIES
8. The following activities and speeches are prohibited under this
Act:-
(a) any activities or speeches calling for or leading to the
imposition of foreign sanctions and trade embargos against Union of
Myanmar or its entities.
(b) Provision of any financial, material, logistical, or technical
support for enactment of foreign sanctions and trade embargos against
Union of Myanmar or its entities.
(c) Any transaction by a Myanmar person or within the Union of Myanmar
that evades or avoids, has the purpose of evading or avoiding, or
attempts to violate any of the prohibitions and penalties set forth in
this Act.
(d) Any conspiracy formed to violate any of the prohibitions set forth
in this Act.
(e) the participation, knowingly and intentionally, in activities the
object or effect of which is, directly or indirectly, to promote the
activities referred above.
Chapter V (LIST OF SANCTIONED PERSONS)
9. Not later than 120 days after the date of the enactment of this
Act, the Committee shall transmit to the State Peace and Development
Council, the Government of Union of Myanmar and appropriate ministries
and Myanmar missions abroad a list of persons found in violation of
activities and speeches prohibited in Chapter IV of this Act -
(a) Any government leaders and law makers who signed the bills into
laws that imposed sanctions and trade embargos against Union of
Myanmar and its entities;
i. Former and present heads of states and heads of governments who
signed the bills into laws that imposed sanctions and trade embargos
against Union of Myanmar and its entities;
ii. Former and present lawmakers who sponsored and co-sponsored the
bills and laws that imposed sanctions and trade embargos against Union
of Myanmar and its entities;
(b) Persons involved in and calling for the sanctions and trade
embargos against Union of Myanmar and its entities;
(c) Any other persons who provide substantial economic and political
support for imposition of sanctions and trade embargos against Union
of Myanmar and its entities;
(d) Any other persons the Committee determines effectively controls
property in Union of Myanmar or has benefited from activities leading
to the imposition of sanctions and trade embargos against Union of
Myanmar or its entities;
(e) The immediate family members of any person described in
subparagraphs (a) through (d)
(f) any person found in violation of the prohibited activities under
the sessions c to e of Section 8 under this Act.
CHAPTER VI (OFFENCES AND PENALTIES)
10. Whoever commits any of the acts prohibited in the Chapter IV of
this Act shall, on determination, be punished with any or any
combination of the following penalties -
VISA BAN
11. IN GENERAL any foreign PERSONS listed in Chapter [ ] shall be
ineligible for a visa to travel to Union of Myanmar.
(a) WAIVER The Government of Union of Myanmar may waive the visa ban
described in paragraph (1) only if the Government of Union of Myanmar
determines and certifies in writing to the State Peace and Development
Council that travel by the person seeking such a waiver is in the
national interests of Union of Myanmar.
FINANCIAL SANCTIONS
12. FREEZING PROPERTY No property or interest in property belonging to
a person described in Chapter V may be transferred, paid, exported,
withdrawn, or otherwise dealt with if found in violation of the
activities prohibited under this Act.
13. Any property located in Union of Myanmar or within the possession
or control of a Myanmar person, including the overseas branch of a
Myanmar person shall be frozen; or
14. the property comes into the possession or control of a Myanmar
person after the date of the enactment of this Act shall be frozen.
15. No granting of any financial loan or credit to persons listed in
Chapter V or enterprises that are owned or controlled by persons
listed in Chapter V.
FINANCIAL TRANSACTIONS
16. Except with respect to transactions authorized explicitly under
the existing laws and regulations of Union of Myanmar, no Myanmar
person may engage in a financial transaction with a person described
in subsection (a) (1).
17. IN GENERAL the prohibitions and restrictions described in
subsections above shall not apply to medicine, medical equipment or
supplies, food or feed, or any other form of humanitarian and
developmental assistance provided to Myanmar.

FREEZING OF FUNDS AND ECONOMIC RESOURCES
18. All funds and economic resources belonging to, owned, held or
controlled by persons listed in Chapter V shall be frozen;
(a) No payment or transfer may be made from a frozen account,
including to another frozen account, without prior authorization. This
includes the deduction of fees or service charges for routine holding
or maintenance of frozen accounts. Loans and other forms of credit
should not be made available to those listed in Chapter V.

(b) Under the Act, interest or other earnings on frozen accounts or
payments due under contracts, agreements or obligations that were
concluded or arose prior to the date on which those accounts became
subject to financial sanctions may be added to frozen accounts
provided that any such interest, other earnings or payments continue
to be frozen.

19. The prohibition against making funds or economic resources
available does not prevent the crediting of frozen accounts by
financial or credit institutions that receive funds transferred by
third parties to the frozen account of the listed person provided that
any additions to such accounts are also frozen. Financial institutions
are required to inform the Committee of any such transactions without
delay.
(d) Interest, other payments and credits

20. The Committee is able to authorize the release of certain frozen
funds or economic resources or the making available of certain frozen
funds or economic resources, if they have determined that the funds or
economic resources concerned are:

a) necessary to cover the basic expenses of those listed in subsection
(a) (1) and their dependent family members, 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
and 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.
Chapter VII (PROVISION OF INFORMATION)
19. The responsible persons of the banks, financial institutions and
relevant departments shall, notwithstanding anything contained in
existing laws in respect of bank secrecy, check and report to the
Committee within 120 days of the enactment of this Act and without
delay in the future
(a) whether they maintain any accounts or otherwise hold any funds for
the individuals and entities listed in Chapter [ ] and,

(b) if so they should report to the Committee details of all funds or
economic resources that they have frozen in accordance with this Act.

(c) They must also provide the Committee with all relevant information
necessary for ensuring compliance with this Act.


CHAPTER VIII TERMINATION OF SANCTIONS
20. The sanctions imposed under subsection (a), (b), or (c) shall
apply until the Committee determines and certifies to the State Peace
and Development Council and/or the Government of Union of Myanmar that
all sanctions and embargos against Union of Myanmar and its entities
have been removed.
CHAPTER IX MISCELLANEOUS
21. Rule of Construction: Nothing in this section may be construed to
prohibit any contract or other financial transaction with any entities
engaged in the humanitarian and developmental efforts in Union of
Myanmar.
22. REGULATORY EXCEPTIONS
For the following purposes, the Minister of Foreign Affairs may, by
regulation, authorize exceptions to the prohibition and restrictions
described in subsection (a), and the Minister of Home Affairs may, by
regulation, authorize exceptions to the executions of penalties under
this Act -
(a) to permit the other countries and Myanmar to operate their
diplomatic missions, and to permit Union of Myanmar to conduct other
official Government business at home and abroad.
.

Relevant Pages