SANCTIONS AGAINST BURMA
This fact sheet is a broad summary of the sanctions currently in place. Please
note that the Burmese Sanctions Regulations, 31 C.F.R. Part 537, have not yet
been revised to incorporate all of the authorities and authorizations described
here. For a list of authorities and authorizations, please refer to OFAC’s
Burma Web site:
www.treasury.gov/resource-center/sanctions/programs/pages/burma.aspx..
I. INTRODUCTION
The Burma sanctions program implemented by the Office of Foreign Assets Control
(“OFAC”) began in May 1997 when the President, in Executive Order (“E.O.”)
13047, determined that the Government of Burma (then ruled by a military junta)
had committed large-scale repression of the democratic opposition in Burma and
declared a national emergency with respect to the actions and policies of that
government. Several subsequent Executive orders have been issued to modify the
scope of and take additional steps with respect to the national emergency
declared in E.O. 13047. In May 2012, the President and the Secretary of State
announced that the United States would begin easing certain financial and
investment sanctions on Burma in response to the historic reforms taking place
there. Since July 2012, the U.S. Government has taken various actions in
response to the reforms in Burma.
II. OVERVIEW OF AUTHORITIES
On May 20, 1997, the President issued E.O. 13047 pursuant to, inter alia,
Section 570 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (Public Law 104-208), the International Emergency
Economic Powers Act (50 U.S.C. 1701-1706) (“IEEPA”), and the National
Emergencies Act (50 U.S.C. 1601 et seq.) (“NEA”). In E.O. 13047, the President
declared a national emergency with respect to Burma and prohibited new
investment in Burma by U.S. persons.
On July 28, 2003, the President signed into law the Burmese Freedom and
Democracy Act of 2003 (Public Law 108–61, 50 U.S.C. 1701 note) (“BFDA”) in order
to sanction Burma’s then-ruling military junta. To implement the BFDA,
including its ban on the importation into the United States of products of
Burma, and to take additional steps with respect to the national emergency
declared in E.O. 13047, the President issued E.O. 13310 on the same day, July
28, 2003. E.O. 13310 blocked all property and interests in property of the
persons listed in its Annex and of persons determined by the Secretary of the
Treasury, in consultation with the Secretary of State, to meet the criteria set
forth in E.O. 13310. E.O. 13310 also prohibited the exportation or
reexportation, directly or indirectly, to Burma of financial services from the
United States or by a U.S. person, wherever located.
On October 18, 2007, the President issued E.O. 13448, expanding the scope of and
taking additional steps with respect to the national emergency declared in E.O.
13047 and blocking all property and interests in property of the persons listed
in its Annex and of persons determined by the Secretary of the Treasury, after
consultation with the Secretary of State, to meet the criteria set forth in E.O.
13448.
On April 30, 2008, the President issued E.O. 13464, taking additional steps with
respect to the national emergency declared in E.O. 13047 and blocking all
property and interests in property of the persons listed in its Annex and of
persons determined by the Secretary of the Treasury, after consultation with the
Secretary of State, to meet the criteria set forth in E.O. 13464.
On July 29, 2008, the President signed into law the Tom Lantos Block Burmese
JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (Public Law 110-286) (“JADE
Act”) which, among other things, imposed sanctions on certain categories of
persons enumerated in the JADE Act, and amended the BFDA importation ban to
prohibit the importation into the United States of any jadeite or rubies mined
or extracted from Burma and any articles of jewelry containing jadeite or rubies
mined or extracted from Burma.
On July 11, 2012, the President issued E.O. 13619, modifying the scope of the
national emergency declared in E.O. 13047 and blocking all property and
interests in property of persons determined by the Secretary of the Treasury, in
consultation with or at the recommendation of the Secretary of State, to meet
the criteria set forth in E.O. 13619.
On August 6, 2013, in light of the expiration of the BFDA and the importation
ban contained therein, as amended by the JADE Act, the President issued E.O.
13651, revoking the provisions of E.O. 13310 implementing the broad BFDA
importation ban on products of Burma. However, E.O. 13651 continued the
prohibition on the importation into the United States of any jadeite or rubies
mined or extracted from Burma and any articles of jewelry containing jadeite or
rubies mined or extracted from Burma that was originally imposed by the JADE Act
amendments to the BFDA. Also in E.O. 13651, the President waived the sanctions
described in section 5(b) of the JADE Act.
III. PROHIBITIONS
With certain exceptions, U.S. persons (both individuals and entities) are
prohibited from transferring, paying, exporting, withdrawing, or otherwise
dealing in the property and interests in property of an individual or entity on
OFAC’s list of Specially Designated Nationals and Blocked Persons (“SDN List”),
including those listed in the Annex to E.O. 13310, E.O. 13448, and E.O. 13464,
or determined by the Secretary of the Treasury, in consultation with or at the
recommendation of the Secretary of State, to meet the criteria described in E.O.
13310, E.O. 13448, E.O. 13464, or E.O. 13619. The names of persons listed in
the Annexes or designated pursuant to these Executive orders, whose property and
interests in property are therefore blocked, are published in the Federal
Register and incorporated into the SDN List with the identifier “[BURMA].” The
SDN List is accessible through the following page on OFAC’s Web site:
http://www.treasury.gov/SDN.
An individual or entity on the SDN List may seek to be delisted, including based
on evidence that the circumstances resulting in the designation no longer apply,
by submitting a written request to OFAC. OFAC investigates and assesses such
requests on a case-by-case basis, taking into consideration the facts and
circumstances specific to each individual or entity, as reflected in the
evidence presented and other information available to OFAC. The procedures
governing delisting from the SDN List are outlined in 31 C.F.R. ง 501.807.
The property and interests in property of any entity that is owned, directly or
indirectly, 50% or more by a person on the SDN List are also blocked, regardless
of whether the entity itself is listed in an Annex to an Executive order or
otherwise placed on the SDN list. For additional guidance on entities owned by
persons whose property and interests in property are blocked, please see:
http://www.treasury.gov/resource-center/sanctions/Documents/licensing_guidance.p
df.
The importation into the United States of any jadeite or rubies mined or
extracted from Burma and any articles of jewelry containing jadeite or rubies
mined or extracted from Burma is prohibited by E.O. 13651, although the broad
importation ban on products of Burma originally imposed by E.O. 13310 has been
revoked.
IV. AUTHORIZATIONS
GENERAL LICENSES
OFAC may authorize certain types of activities and transactions that would
otherwise be prohibited by issuing a general license. Such general licenses may
be published in the regulations, on OFAC’s Web site, or both.
EXPORTATION OR REEXPORTATION OF FINANCIAL SERVICES: On July 11, 2012, OFAC
issued Burma General License No. 16 (“GL 16”) authorizing the exportation or
reexportation of financial services to Burma, directly or indirectly, from the
United States or by a U.S. person, wherever located, subject to certain
limitations. GL 16 does not authorize, in connection with the provision of
security services, the exportation or reexportation of financial services,
directly or indirectly, to the Burmese Ministry of Defense, including the Office
of Procurement; any state or non-state armed group including the military; or
any entity in which any of the foregoing own a 50% or greater interest. GL 16
also does not authorize the exportation or reexportation of financial services,
directly or indirectly, to any person whose property and interests in property
are blocked under the Burma sanctions program, except that transfers of funds
pursuant to GL 16 are authorized even though they may involve transfers to or
from an account of a blocked financial institution, subject to certain
limitations.
As a result of GL 16, the special measures against Burma imposed under Section
311 of the USA PATRIOT Act (Public Law 107-56) (“PATRIOT Act”) no longer apply
to the operation of correspondent accounts for Burmese banking institutions that
are not blocked, or to transactions that are conducted through such accounts,
provided the transactions are authorized under the Burma sanctions program. See
31 C.F.R. ง 1010.651(b)(3). GL 16 does not affect any obligation of U.S.
financial institutions processing such transactions to conduct enhanced due
diligence under Section 312 of the PATRIOT Act.
NEW INVESTMENT: Also on July 11, 2012, OFAC issued Burma General License No. 17
(“GL 17”) authorizing new investment in Burma by U.S. persons, subject to
certain limitations and requirements. GL 17 does not authorize new investment
pursuant to an agreement, or pursuant to the exercise of rights under such an
agreement, that is entered into with the Burmese Ministry of Defense, including
the Office of Procurement; any state or non-state armed group (which includes
the military); or any entity in which any of the foregoing own a 50% or greater
interest. GL 17 also does not authorize transactions with, directly or
indirectly, any person whose property
SANCTIONS AGAINST BURMA
This fact sheet is a broad summary of the sanctions currently in place. Please
note that the Burmese Sanctions Regulations, 31 C.F.R. Part 537, have not yet
been revised to incorporate all of the authorities and authorizations described
here. For a list of authorities and authorizations, please refer to OFAC’s
Burma Web site:
www.treasury.gov/resource-center/sanctions/programs/pages/burma.aspx..
I. INTRODUCTION
The Burma sanctions program implemented by the Office of Foreign Assets Control
(“OFAC”) began in May 1997 when the President, in Executive Order (“E.O.”)
13047, determined that the Government of Burma (then ruled by a military junta)
had committed large-scale repression of the democratic opposition in Burma and
declared a national emergency with respect to the actions and policies of that
government. Several subsequent Executive orders have been issued to modify the
scope of and take additional steps with respect to the national emergency
declared in E.O. 13047. In May 2012, the President and the Secretary of State
announced that the United States would begin easing certain financial and
investment sanctions on Burma in response to the historic reforms taking place
there. Since July 2012, the U.S. Government has taken various actions in
response to the reforms in Burma.
II. OVERVIEW OF AUTHORITIES
On May 20, 1997, the President issued E.O. 13047 pursuant to, inter alia,
Section 570 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (Public Law 104-208), the International Emergency
Economic Powers Act (50 U.S.C. 1701-1706) (“IEEPA”), and the National
Emergencies Act (50 U.S.C. 1601 et seq.) (“NEA”). In E.O. 13047, the President
declared a national emergency with respect to Burma and prohibited new
investment in Burma by U.S. persons.
On July 28, 2003, the President signed into law the Burmese Freedom and
Democracy Act of 2003 (Public Law 108–61, 50 U.S.C. 1701 note) (“BFDA”) in order
to sanction Burma’s then-ruling military junta. To implement the BFDA,
including its ban on the importation into the United States of products of
Burma, and to take additional steps with respect to the national emergency
declared in E.O. 13047, the President issued E.O. 13310 on the same day, July
28, 2003. E.O. 13310 blocked all property and interests in property of the
persons listed in its Annex and of persons determined by the Secretary of the
Treasury, in consultation with the Secretary of State, to meet the criteria set
forth in E.O. 13310. E.O. 13310 also prohibited the exportation or
reexportation, directly or indirectly, to Burma of financial services from the
United States or by a U.S. person, wherever located.
On October 18, 2007, the President issued E.O. 13448, expanding the scope of and
taking additional steps with respect to the national emergency declared in E.O.
13047 and blocking all property and interests in property of the persons listed
in its Annex and of persons determined by the Secretary of the Treasury, after
consultation with the Secretary of State, to meet the criteria set forth in E.O.
13448.
On April 30, 2008, the President issued E.O. 13464, taking additional steps with
respect to the national emergency declared in E.O. 13047 and blocking all
property and interests in property of the persons listed in its Annex and of
persons determined by the Secretary of the Treasury, after consultation with the
Secretary of State, to meet the criteria set forth in E.O. 13464.
On July 29, 2008, the President signed into law the Tom Lantos Block Burmese
JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (Public Law 110-286) (“JADE
Act”) which, among other things, imposed sanctions on certain categories of
persons enumerated in the JADE Act, and amended the BFDA importation ban to
prohibit the importation into the United States of any jadeite or rubies mined
or extracted from Burma and any articles of jewelry containing jadeite or rubies
mined or extracted from Burma.
On July 11, 2012, the President issued E.O. 13619, modifying the scope of the
national emergency declared in E.O. 13047 and blocking all property and
interests in property of persons determined by the Secretary of the Treasury, in
consultation with or at the recommendation of the Secretary of State, to meet
the criteria set forth in E.O. 13619.
On August 6, 2013, in light of the expiration of the BFDA and the importation
ban contained therein, as amended by the JADE Act, the President issued E.O.
13651, revoking the provisions of E.O. 13310 implementing the broad BFDA
importation ban on products of Burma. However, E.O. 13651 continued the
prohibition on the importation into the United States of any jadeite or rubies
mined or extracted from Burma and any articles of jewelry containing jadeite or
rubies mined or extracted from Burma that was originally imposed by the JADE Act
amendments to the BFDA. Also in E.O. 13651, the President waived the sanctions
described in section 5(b) of the JADE Act.
III. PROHIBITIONS
With certain exceptions, U.S. persons (both individuals and entities) are
prohibited from transferring, paying, exporting, withdrawing, or otherwise
dealing in the property and interests in property of an individual or entity on
OFAC’s list of Specially Designated Nationals and Blocked Persons (“SDN List”),
including those listed in the Annex to E.O. 13310, E.O. 13448, and E.O. 13464,
or determined by the Secretary of the Treasury, in consultation with or at the
recommendation of the Secretary of State, to meet the criteria described in E.O.
13310, E.O. 13448, E.O. 13464, or E.O. 13619. The names of persons listed in
the Annexes or designated pursuant to these Executive orders, whose property and
interests in property are therefore blocked, are published in the Federal
Register and incorporated into the SDN List with the identifier “[BURMA].” The
SDN List is accessible through the following page on OFAC’s Web site:
http://www.treasury.gov/SDN.
An individual or entity on the SDN List may seek to be delisted, including based
on evidence that the circumstances resulting in the designation no longer apply,
by submitting a written request to OFAC. OFAC investigates and assesses such
requests on a case-by-case basis, taking into consideration the facts and
circumstances specific to each individual or entity, as reflected in the
evidence presented and other information available to OFAC. The procedures
governing delisting from the SDN List are outlined in 31 C.F.R. ง 501.807.
The property and interests in property of any entity that is owned, directly or
indirectly, 50% or more by a person on the SDN List are also blocked, regardless
of whether the entity itself is listed in an Annex to an Executive order or
otherwise placed on the SDN list. For additional guidance on entities owned by
persons whose property and interests in property are blocked, please see:
http://www.treasury.gov/resource-center/sanctions/Documents/licensing_guidance.p
df.
The importation into the United States of any jadeite or rubies mined or
extracted from Burma and any articles of jewelry containing jadeite or rubies
mined or extracted from Burma is prohibited by E.O. 13651, although the broad
importation ban on products of Burma originally imposed by E.O. 13310 has been
revoked.
IV. AUTHORIZATIONS
GENERAL LICENSES
OFAC may authorize certain types of activities and transactions that would
otherwise be prohibited by issuing a general license. Such general licenses may
be published in the regulations, on OFAC’s Web site, or both.
EXPORTATION OR REEXPORTATION OF FINANCIAL SERVICES: On July 11, 2012, OFAC
issued Burma General License No. 16 (“GL 16”) authorizing the exportation or
reexportation of financial services to Burma, directly or indirectly, from the
United States or by a U.S. person, wherever located, subject to certain
limitations. GL 16 does not authorize, in connection with the provision of
security services, the exportation or reexportation of financial services,
directly or indirectly, to the Burmese Ministry of Defense, including the Office
of Procurement; any state or non-state armed group including the military; or
any entity in which any of the foregoing own a 50% or greater interest. GL 16
also does not authorize the exportation or reexportation of financial services,
directly or indirectly, to any person whose property and interests in property
are blocked under the Burma sanctions program, except that transfers of funds
pursuant to GL 16 are authorized even though they may involve transfers to or
from an account of a blocked financial institution, subject to certain
limitations.
As a result of GL 16, the special measures against Burma imposed under Section
311 of the USA PATRIOT Act (Public Law 107-56) (“PATRIOT Act”) no longer apply
to the operation of correspondent accounts for Burmese banking institutions that
are not blocked, or to transactions that are conducted through such accounts,
provided the transactions are authorized under the Burma sanctions program. See
31 C.F.R. ง 1010.651(b)(3). GL 16 does not affect any obligation of U.S.
financial institutions processing such transactions to conduct enhanced due
diligence under Section 312 of the PATRIOT Act.
NEW INVESTMENT: Also on July 11, 2012, OFAC issued Burma General License No. 17
(“GL 17”) authorizing new investment in Burma by U.S. persons, subject to
certain limitations and requirements. GL 17 does not authorize new investment
pursuant to an agreement, or pursuant to the exercise of rights under such an
agreement, that is entered into with the Burmese Ministry of Defense, including
the Office of Procurement; any state or non-state armed group (which includes
the military); or any entity in which any of the foregoing own a 50% or greater
interest. GL 17 also does not authorize transactions with, directly or
indirectly, any person whose property
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