Sanctions Notice - Myanmar30th April 2021
Please be advised that the UK has implemented a new sanctions regime, the Myanmar (Sanctions) Regulations 2021, for the purposes of: promoting the peace, stability and security of Myanmar; promoting respect for democracy, the rule of law and good governance in Myanmar; discouraging actions, policies or activities which repress the civilian population in Myanmar; and promoting compliance with international human rights law and respect for human rights in Myanmar.
The Regulations revoke and replace the existing sanctions regime established by the Burma (Sanctions) (EU Exit) Regulations 2019. These regulations were given effect within the Bailiwick under the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 (the 2020 regulations). The 2020 regulations have been amended by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) (Amendment -Myanmar) Regulations, 2021, to give effect to the new regime.
Whereas the Burma regime contained a power only to designate individuals, the Myanmar regime enables the designation of both individuals and entities. This is in response to the worsening situation in Myanmar and the actions taken by the military which undermine peace and stability.
Changes are being made to the States of Guernsey website’s sanctions pages to reflect the above.
The UK is not making any new Myanmar designations at this point. The nine designations made under the Burma (Sanctions) (EU Exit) 2019 regulations have been simultaneously revoked and remade under the new regulations.
When new designations are made under this regime, they will appear on the consolidated list, which can be found here.
MEASURES WHICH SHOULD BE TAKEN
All businesses must check whether they maintain any accounts or otherwise have any kind of relationship with the persons referred to above or to any other natural or legal person, entity or body designated under the legislation referred to above and must treat any funds, other assets or economic resources
- directly or indirectly belonging to, owned, held or controlled by them, whether wholly or jointly, or
- derived from any funds or economic resources directly or indirectly belonging to, owned, held or controlled by them, whether wholly or jointly, or
- belonging to individuals or entities acting on their behalf or at their direction, whether wholly or jointly
as frozen with immediate effect if this is not already the case. Businesses must report any findings to the Policy & Resources Committee immediately. They must also ensure that they have taken all other steps that may be required in order to comply with the reporting obligations at section 14 of the Sanctions Law.
Businesses must also refrain from making any funds or economic resources available directly or indirectly, wholly or jointly, to or for the benefit of
- any designated person, entity or body
- any entity directly or indirectly owned or controlled by a designated person, entity or body, whether wholly or jointly
- any individuals or entities acting on behalf or at the direction of a designated person, entity or body, whether wholly or jointly
other than in respect of transactions that come within a permitted derogation as determined by the Policy & Resources Committee, or in accordance with a licence issued by the Policy & Resources Committee, as the case may be.
The information referred to above is required by the Policy & Resources Committee in the exercise of its powers under section 15 of the Sanctions Law.
Any information or queries should be sent to [email protected] with the subject line “Myanmar Sanctions”.
Further information on the effect of asset freezes and related issues including licences is available on the States of Guernsey website at http://www.gov.gg/sanctions