Statutory guidance

Myanmar sanctions: guidance

Published 29 April 2021

As required by section 43 of the Sanctions and Anti-Money Laundering Act 2018 (‘the Sanctions Act’), the Secretary of State for Foreign, Commonwealth and Development Affairs has provided this guidance to assist in the implementation of, and compliance with, the Myanmar (Sanctions) Regulations 2021 (the ‘Regulations’), as amended from time to time.

As required by the Sanctions Act, this document contains guidance on the prohibitions and requirements imposed by the Regulations. It additionally provides guidance on best practice for complying with the prohibitions and requirements; the enforcement of them; and circumstances where they do not apply.

This document is intended to be read alongside more detailed sanctions guidance published by departments including the Department for International Trade (DIT), Home Office and HM Treasury, through the Office of Financial Sanctions Implementation (OFSI). This document contains links to those key sources of sanctions guidance, which will be regularly maintained and updated on GOV.UK. It is designed to give an overview of the prohibitions and requirements in the Regulations and, where appropriate, direct readers to further detailed guidance. This document is current on the date of publication.

1. Prohibitions and requirements imposed by the Myanmar (Sanctions) Regulations 2021

The Regulations impose financial, trade and immigration sanctions for the purposes of promoting peace, stability and security in Myanmar; promoting respect for democracy, the rule of law and good governance in Myanmar, including in particular promoting the successful completion of Myanmar’s transition to a democratic country; 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.

In order to achieve the stated purposes, the Regulations impose a number of prohibitions and requirements. In order to enforce these, the Regulations establish penalties and offences, which are set out in detail in the corresponding report under section 18 of the Sanctions Act in relation to criminal offences.

The prohibitions and requirements imposed by the Regulations apply within the territory of the United Kingdom (UK) (including Northern Ireland) and in relation to the conduct of all UK persons wherever they are in the world. UK persons includes British nationals, as well as all bodies incorporated or constituted under the law of any part of the UK. Accordingly, the prohibitions and requirements imposed by the Regulations apply to all companies established in any part of the UK, and they also apply to branches of UK companies operating overseas.

The maritime enforcement powers contained in Part 9 of the Regulations apply in relation to British ships in international or foreign waters, ships without nationality in international waters and foreign ships in international waters.

It is prohibited to intentionally participate in any activities if you know that the object or effect of them is directly or indirectly to circumvent any of the prohibitions in the Regulations or to enable or facilitate the contravention of those prohibitions.

If you are unclear about any aspect of the Regulations, in particular about whether action you are considering taking could contravene the Regulations, you are advised to seek independent legal advice.

Prohibitions and requirements for the financial, trade, and immigration sanctions contained in the Regulations are set out below.

1.1 Designation of persons

The Regulations provide that the Secretary of State may designate persons for the purposes of financial and/or immigration sanctions if they are an ‘involved person’ (as defined in regulation 6), for example if they are, or have been, involved in a specified activity such as undermining democracy, the rule of law or good governance in Myanmar.

The UK Sanctions List lists the people designated under the Regulations, and details of the sanctions in respect of which they have been designated.

1.2 Financial sanctions

Asset freeze and making available provisions

The Regulations impose financial sanctions through a targeted asset freeze on designated persons and prohibitions on making funds or economic resources available. This involves the freezing of funds and economic resources (non-monetary assets, such as property or vehicles) of designated persons and ensuring that funds and economic resources are not made available to or for the benefit of designated persons or entities, either directly or indirectly.

More information on financial sanctions can be found in the OFSI guidance.

OFSI is the authority responsible for implementing the UK’s financial sanctions on behalf of HM Treasury. OFSI helps to ensure that financial sanctions are properly understood, implemented and enforced in the UK. Further information on how OFSI implements financial sanctions can be found on the OFSI pages of GOV.UK.

1.3 Trade sanctions

The Regulations impose trade prohibitions relating to:

• military goods and military technology (as specified in Schedule 2 to the Export Control Order 2008)
• dual-use goods and technology (as specified in Annex 1 to Council Regulation 428/2009 as retained by the European Union (Withdrawal) Act 2018 (the “Dual-Use Regulation”)
• goods and technology which might be used for internal repression in Myanmar (as specified in Schedule 2 to the Regulations)
• goods and technology which might be used for the monitoring and interception of telecommunications (as specified in Schedule 3 to the Regulations)
• provision of interception and monitoring services to or for the benefit of the Government of Myanmar
• provision of technical assistance, armed personnel, financial services or funds or associated brokering services to or for the benefit of the Tatmadaw (or persons acting on its behalf or under its direction) where such provision relates to the military activities of the recipient, or otherwise enables or facilitates the conduct of armed hostilities, in Myanmar

Technical guidance on interception and monitoring is available.

There are circumstances (set out in the relevant lists of controlled items) in which certain items are not controlled, for example when body armour or a helmet is accompanying a person for that person’s own protection. Please check the relevant lists as applicable.

Further detail on these trade prohibitions, including key terminology used, is explained below. Please have regard to the relevant legislation which contains full definitions of terms used herein.

Export of goods

The concept of ‘export’ is set out in customs legislation, but is further detailed in Paragraph 32 of Schedule 1 to the Sanctions Act, which clarifies that “export” means export from the UK, but does not capture where goods are removed to the Isle of Man from the UK.

The export prohibition in the Regulations covers export to Myanmar as well as exports that are for use in Myanmar. This means that, even if the immediate destination is not Myanmar, the prohibition may still apply. Exporters should check the ultimate end use of goods and may apply for a licence or contact the Export Control Joint Unit (ECJU) if they know or think the items may be used in Myanmar.

The export prohibition in regulation 30 prohibits the export to Myanmar of dual-use goods for military use, the export of dual-use goods for military use in Myanmar and the export of dual-use goods to, or for use by, the Myanmar security forces. “For military use” is defined at regulation 29.

A sanctions licence is not required for exports of non-military goods covered by the Regulations from Northern Ireland to an EU Member State where the final destination is Myanmar. You will however have to comply with any licensing requirements that apply in the relevant EU Member State for the onward export to Myanmar. You will also have to comply with any other licensing requirements under UK export control legislation as applicable.

Supply and delivery of goods

Supply and delivery prohibitions in the Regulations prohibit a person from directly or indirectly supplying or delivering goods from a third country to a place in Myanmar. Regulation 23(4) specifies that for the purposes of this regulation a third country is a country that is not the UK, Isle of Man or Myanmar.

Regulation 31 prohibits a person from directly or indirectly supplying or delivering dual-use goods for military use from a third country to a place in Myanmar and supplying or delivering dual-use goods from a third country to, or for use by, the Myanmar security forces.

Making goods and technology available

Prohibitions in the Regulations on making restricted goods or technology available (e.g. through a sale) include directly or indirectly making them available for use in Myanmar or to a “person connected with Myanmar”. Regulation 21(4) sets out when a person is to be regarded as “connected with” Myanmar (and this applies where the term is used in other trade prohibitions in this Part of the Regulations).

Regulation 32 prohibits a person from directly or indirectly making available dual-use goods for military use or dual-use technology for military use to a person connected with Myanmar or for military use in Myanmar, and also prohibits the direct or indirect making available of dual-use goods to or for use by the Myanmar security forces.

Transfer of technology

Prohibitions in the Regulations on the transfer of restricted technology include transfer to a place in Myanmar or a person “connected with” Myanmar.

The transfer of dual-use technology for military use to a place in Myanmar, to a person connected with Myanmar and the transfer of dual-use technology to the Myanmar security forces is also prohibited.

The term ‘transfer’ is defined in Paragraph 37 of Schedule 1 to the Sanctions Act, which states that it ‘means a transfer by any means (or combination of means), including oral communication and the transfer of goods on which the technology is recorded or from which it can be derived, other than the export of such goods.’

Where restricted or dual-use technology is contained within a good, it would be classified as a restricted or dual-use good under the accompanying goods-related provisions. This includes information contained on USB memory devices, laptops, tablets and the like.

Technical assistance

The term “technical assistance” in relation to goods or technology is defined in regulation 21, which states that it means:

• technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or
• any other technical service relating to the goods or technology

Prohibitions apply where the technical assistance relates to restricted goods or technology.

The prohibitions apply to the direct or indirect provision of such technical assistance (1) to persons “connected with” Myanmar or (2) for use in Myanmar.

This means that, even if the person to whom you are providing the relevant technical assistance is not in or “connected with Myanmar”, the prohibition may still apply if the goods or technology to which the technical assistance relates are for use in Myanmar. Therefore, if you are providing technical assistance you should check whether the goods or technology may be used in Myanmar and apply for a licence or contact ECJU if so.

Regulation 34(1) also prohibits the direct or indirect provision of technical assistance relating to dual-use goods for military use or dual-use technology for military use to a person connected with Myanmar, for military use in Myanmar and provision of technical assistance relating to dual-use goods or dual-use technology to or for use by the Myanmar security forces.

Financial services and funds related to goods and technology

‘Financial services’ refer to any services of a financial nature in many different forms including insurance and banking. Financial services include payment and money transmission services. The full definition of ‘financial services’ can be found in Section 61 of the Sanctions Act.

‘Funds’ means financial assets and benefits of every kind, including cash, securities and interest. The full definition of ‘funds’ can be found in Section 60 of the Sanctions Act.

Trade sanctions prohibitions on the provision of financial services and funds apply where they relate to certain specified goods or technology.

The prohibitions in the Regulations apply to the direct or indirect provision of financial services, and the direct or indirect making available of funds, to persons connected with Myanmar in pursuance of or in connection with an arrangement set out in regulation 27(1). This captures arrangements where the object or effect falls into one of the prohibitions, for example the export of goods or direct or indirect supply or delivery of goods.

Regulation 35 prohibits the direct or indirect provision of financial services, and the direct or indirect making available of funds, to persons connected with Myanmar in pursuance of or in connection with an arrangement set out in regulation 35(1). This captures arrangements where the object or effect falls into one of the prohibitions concerning dual-use goods or technology for military use. Regulation 35 also prohibits the direct or indirect provision of financial services or funds to the Myanmar security forces in pursuance of or in connection with an arrangement set out at regulation 35(3).

The Regulations also prohibit the direct or indirect provision of financial services or funds in pursuance of or in connection with specific arrangements as set out in regulation 27(3) or regulation 35(4).

Brokering services

The definition of ‘brokering services’ is set out in regulation 21, which states that it means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to):

• the selection or introduction of persons as parties or potential parties to the arrangement
• the negotiation of the arrangement
• the facilitation of anything that enables the arrangement to be entered into, and
• the provision of any assistance that in any way promotes or facilitates the arrangement

The Regulations prohibit the direct or indirect provision of brokering services where they relate to specific arrangements. Those arrangements are set out in regulation 28 and 36.

Other service provisions

Certain other services are prohibited in the Regulations.

Provisions on interception and monitoring services are set out in Regulation 37 and relate to the provision of such services to or for the benefit of the Government of Myanmar. The Government of Myanmar is defined as including its public bodies, corporations or agencies or any person acting on its behalf or at its direction. The definition of ‘interception and monitoring services’ is set out in Regulation 20.

The Regulations also prohibit the direct or indirect provision of the following, to or for the benefit of the Tatmadaw (or to any person acting on its behalf or under its direction) where such provision relates to the military activities of the recipient in Myanmar or otherwise enables or facilitates the conduct of armed hostilities in Myanmar:

a) technical assistance

b) armed personnel

c) financial services or funds, or

d) brokering services in relation to an arrangement whose object or effect is to provide, in a non-UK country anything mentioned in paragraphs (a) - (c)

DIT contact details

The Department for International Trade (DIT) has overall responsibility for trade sanctions licensing. For general guidance on export controls and trade sanctions, contact the Export Control Joint Unit:

email: exportcontrol.help@trade.gov.uk or tradesanctions@trade.gov.uk

helpline: +44 (0)20 7215 4594

1.4 Immigration sanctions

The effect of the Regulations is to impose a travel ban on persons who are designated by the Secretary of State for the purposes of being made subject to immigration sanctions under the Sanctions Act. Such persons are excluded persons for the purposes of section 8B of the Immigration Act 1971.

Designated individuals will be refused leave to enter or remain in the UK. Any applications they make for a visa to travel to the UK, including for transit purposes, will be refused. Any foreign national who is subject to a travel ban under the Regulations, and who is currently in the UK, will have their permission to stay in the UK cancelled and steps will be taken to remove them from the UK.

If you are the subject of an immigration sanction and try to travel to the UK, carriers are required to deny you boarding.

Further information on how the Home Office deals with those who are subject to a travel ban can be found on the Home Office pages of GOV.UK.

1.5 Information and record keeping

For the purpose of the financial sanctions contained in the Regulations, Part 7 of the Regulations establishes obligations on relevant firms (the definition of which is set out in the Regulations) to report information to HM Treasury about known or suspected designated persons or about persons who may have committed an offence under specified provisions of the Regulations.

It also grants powers to HM Treasury to request information from, amongst others, a designated person, including powers to request the production of documents. It also establishes offences for failing to comply with these requests (including for providing false information).

Part 7 also establishes information powers and record-keeping responsibilities in relation to the trade sanctions contained in the Regulations. It provides for offences for failing to comply with any of those requirements or intentionally obstructing an official in the exercise of those powers.

If you have obligations or responsibilities under Part 7 of the Regulations, it is important that you familiarise yourself with them. If you are unclear of your obligations or responsibilities, you are advised to seek independent legal advice.

2. How will these sanctions measures be enforced?

The Regulations make it a criminal offence to contravene the trade and financial sanctions, as well as to enable or facilitate a contravention of, or to circumvent, any of the prohibitions in the Regulations. They also prescribe the mode of trial and penalties that apply to such offences. In some cases, offences related to contraventions of prohibitions in the Regulations are contained within other legislation, such as the Customs and Excise Management Act 1979 (CEMA).

In addition to the below, further details on offences and penalties can be found in the corresponding report under section 18 of the Sanctions Act.

2.1 Financial sanctions

Breaches of financial sanctions are a serious criminal offence. Any breach of the main financial prohibitions in the Regulations is an offence that is triable either way and carries a maximum sentence on indictment of 7 years’ imprisonment or a fine (or both).

Offences under regulation 50(6) or 54 (information offences in connection with financial sanctions under the Regulations) are summary offences only and carry a maximum sentence of 6 months’ imprisonment or a fine (which in Scotland or Northern Ireland may not exceed level 5 on the standard scale) or both.

OFSI is responsible for monitoring compliance with financial sanctions and for assessing suspected breaches. It also has the power to impose monetary penalties for breaches of financial sanctions and to refer cases to law enforcement agencies for investigation and potential prosecution.

OFSI works with other parts of government, supervisory bodies and regulators to consider all cases reported to it, sharing relevant information accordingly.

If you find out that a person or organisation you are dealing with is subject to the financial sanctions detailed in the Regulations, you must immediately:

• stop dealing with them
• freeze any assets you are holding for them
• inform OFSI as soon as possible by either emailing ofsi@hmtreasury.gov.uk or by calling their general enquiries line: +44 (0)20 7270 5454

More detailed information on OFSI’s approach to compliance and enforcement can be found in Chapter 7 of OFSI’s guidance.

2.2 Trade sanctions

Any breach of the trade sanctions prohibitions in the Regulations is triable either way and carries a maximum sentence on indictment of 10 years’ imprisonment or a fine (or both). Any breach of the licensing provisions is also triable either way and carries a maximum sentence on indictment of 2 years’ imprisonment or a fine (or both).

HM Revenue and Customs (HMRC) is responsible for enforcing the licensing restrictions and investigating suspected offences.

If you discover that you have breached any of the trade prohibitions or licensing provisions, you should report the irregularity to HMRC (sometimes known as ‘voluntary disclosure’) as soon as possible. If the irregularity was found on an Export Control Joint Unit compliance audit, the compliance inspector will have informed HMRC and you are strongly advised to do the same. Guidance is available on how to make a voluntary disclosure.

3. Are there circumstances when I can get an authorisation or licence for a sanctioned activity?

Licensing and exception provisions are contained in Part 6 of the Regulations.

3.1 Exceptions

The Regulations set out exceptions to some sanctions prohibitions which apply within certain defined circumstances. An exception applies automatically, and does not require you to obtain a licence issued in accordance with the Regulations.

The Regulations establish exceptions relating to financial sanctions including for the crediting of a frozen account by a relevant institution (any such interest or other earnings will be frozen in accordance with the relevant legislation underpinning the asset freeze). An exception also exists from the prohibition on making funds available to a designated person, when funds are transferred to a frozen account in discharge (or partial discharge) of an obligation which arose before the recipient became a designated person.

Regulation 42 establishes an exception to regulations 11 to 15 and Chapters 2 to 5 of Part 5 (Trade) which provides that prohibitions are not contravened if conduct is authorised by a licence which is issued under the law of the Channel Islands, Isle of Man or any British Overseas Territory for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.

The Regulations also include an exception in relation to any prohibition or requirement imposed by the Regulations for actions which a responsible officer has determined to be in the interests of national security, or the prevention or detection of serious crime in the UK or elsewhere.

If you are unsure whether an exception applies in your circumstances, you are advised to seek independent legal advice.

3.2 Licensing for financial sanctions

Where a person is designated for the purposes of the financial sanctions (asset freeze measures and making available provisions) contained in the Regulations, the designated person or a representative (on their behalf) may apply for a licence from OFSI to use their funds or economic resources (non-monetary assets, such as property or vehicles). Schedule 4 to the Regulations sets out the purposes pursuant to which, or for which activities, OFSI may grant an individual licence. In summary these are:

• basic needs
• reasonable professional fees for or reasonable expenses associated with the provision of legal services
• reasonable fees or service charges arising from the routine holding or maintenance of frozen funds or economic resources
• extraordinary expenses
• pre-existing judicial decisions etc
• diplomatic missions etc
• extraordinary situations
• prior obligations
• humanitarian assistance activities etc

Further information on exceptions and licensing grounds can be found in OFSI’s guidance.

Information on licence applications and the relevant form can be found on OFSI’s GOV.UK licensing webpage.

3.3 Licensing for trade sanctions

Licences may also be issued for certain trade activities that would otherwise be prohibited by the Regulations. The Department for International Trade (DIT) has overall responsibility for trade sanctions licensing. The Secretary of State for International Trade is ultimately responsible for decisions to grant or refuse a trade sanctions licence in any individual case.

The Export Control Joint Unit sits within DIT and is responsible for administering the licensing provisions on behalf of the Secretary of State for all trade sanctions, except those relating to imports which are administered by the DIT Import Licensing Branch and which are not relevant for the purposes of the Regulations. In exercising these powers, DIT seeks and considers advice from other government departments.

In making decisions on whether to grant a licence to permit something which would otherwise be prohibited under part 5 of the Regulations, the Secretary of State will consider each application on a case-by-case basis to determine whether granting a licence would be consistent with the stated purposes of the sanctions regime and any UN or other relevant international law obligations.

For some prohibitions there are some specific activities which DIT considers are likely to be consistent with the aims of the sanctions. These are set out in the table below. If you think that your proposed activity falls within one of the specific descriptions you should make this clear and explain why you believe this to be the case in your application for a licence.

You should not assume that a licence will be granted or engage in any activities prohibited by trade sanctions until your licence has been granted.

Prohibition description	Prohibition reference	Considerations for licensing
Prohibitions on the export, making available, transfer, supply or delivery of military goods or technology.	Regulations 22 to 25	A licence may be granted for the export, making available, transfer, supply or delivery of non-lethal military goods or technology if the goods or technology are intended solely for humanitarian or protective use.
		A licence may be granted for the export, making available, transfer, supply or delivery of non-lethal military goods or technology if the goods or technology are intended solely for UK Government or UN institution-building programmes or crisis management operations.
		A licence may be granted for the export, making available, transfer, supply or delivery of de-mining goods or technology if the goods or technology are for use in de-mining operations.
Prohibitions on the provision of technical assistance, financial services or funds relating to military goods or technology.	Regulations 26 and 27	A licence may be granted for the provision of technical assistance, financial services or funds related to non-lethal military goods or technology if the technical assistance, financial services or funds relate to goods or technology which are intended solely for humanitarian or protective use.
		A licence may be granted for the provision of technical assistance, financial services or funds related to military goods or technology if the technical assistance, financial services or funds relate to goods or technology which are intended solely for UK Government or UN institution-building programmes or crisis management operations.
		A licence may be granted for the provision of technical assistance, financial services or funds related to de-mining goods or technology if the technical assistance, financial services or funds relate to goods or technology which are for use in de-mining operations.
Prohibitions on the export, making available, transfer, supply or delivery of dual-use goods or technology.	Regulations 30 to 33	A licence may be granted for the export, making available, transfer, supply or delivery of dual-use goods or technology if the goods or technology are intended solely for humanitarian or protective use.
		A licence may be granted for the export, making available, transfer, supply or delivery of dual-use goods or technology if the goods or technology are intended solely for UK Government or UN institution-building programmes or crisis management operations.
		A licence may be granted for the export, making available, transfer, supply or delivery of dual-use goods or technology if it relates to the execution of contracts concluded before 27 April 2018 or ancillary contracts necessary for the execution of such contracts.
Prohibitions on the provision of technical assistance, financial services or funds relating to dual-use goods or technology.	Regulations 34-35	A licence may be granted for the provision of technical assistance, financial services or funds related to dual-use goods or technology if the technical assistance, financial services or funds relate to goods and technology which are intended solely for humanitarian or protective use.
		A licence may be granted for the provision of technical assistance, financial services or funds related to dual-use goods or technology if the technical assistance, financial services or funds relate to goods or technology which are intended solely for UK Government or UN institution-building programmes or crisis management operations.
		A licence may be granted for the provision of technical assistance, financial services or funds related to de-mining goods or technology if the technical assistance, financial services or funds relate to goods or technology for use in de-mining operations.
		A licence may be granted for the provision of technical assistance, financial services or funds related to dual-use goods or technology if the technical assistance, financial services or funds relate to the execution of contracts concluded before 27 April 2018 or ancillary contracts necessary for the execution of such contracts.
Prohibitions on the export, making available, transfer, supply or delivery of goods or technology which might be used for internal repression.	Regulations 22 to 25	A licence may be granted for the export, making available, transfer, supply or delivery of goods or technology that might be used for internal repression if the goods or technology are intended solely for humanitarian or protective use.
		A licence may be granted for the export, making available, transfer, supply or delivery of goods or technology that might be used for internal repression if the goods or technology are intended solely for UK Government or UN institution-building programmes or crisis management operations.
		A licence may be granted for the export, making available, transfer, supply or delivery of de-mining goods or technology if the goods or technology are for use in de-mining operations.
Prohibitions on the provision of technical assistance, financial services or funds relating to goods or technology which might be used for internal repression.	Regulations 26 and 27	A licence may be granted for the provision of technical assistance, financial services or funds related to goods or technology that might be used for internal repression if the technical assistance, financial services or funds relate to goods or technology which are intended solely for UK Government or UN institution-building programmes or crisis management operations.
		A licence may be granted for the provision of technical assistance, financial services or funds related to de-mining goods or technology if the technical assistance, financial services or funds relate to goods or technology for use in de-mining operations.
Prohibitions on the export, making available, transfer, supply or delivery of goods or technology which might be used for the monitoring and interception of telecommunications.	Regulations 22 to 25	A licence will not be granted for the export, making available, transfer, supply or delivery of interception and monitoring goods or technology if the Secretary of State has reasonable grounds to determine that the goods or technology would be used for internal repression by the Government of Myanmar.[footnote 1]
Prohibitions on the provision of brokering services, technical assistance, financial services or funds relating to goods or technology which might be used for the monitoring and interception of telecommunications.	Regulations 26 and 27	A licence will not be granted for the provision of brokering services, technical assistance, financial services or funds related to interception and monitoring goods or technology if the technical assistance, financial services or funds relate to goods or technology that the Secretary of State has reasonable grounds to determine would be used for internal repression by the Government of Myanmar.
Provision of interception and monitoring services.	Regulation 37	A licence will not be granted for the provision of interception and monitoring services if the Secretary of State has reasonable grounds to determine that the services would be used for internal repression by the Government of Myanmar.
Provision of technical assistance, armed personnel, financial services or funds or brokering services relating to military activities or otherwise enabling or facilitating the conduct of armed hostilities.	Regulation 38	A licence may be granted for the provision of technical assistance, armed personnel, financial services or funds or brokering services relating to military activities of the Tatmadaw or any person acting on its behalf or under its direction or otherwise enabling and facilitating the conduct of armed hostilities if it amounts to training or cooperation aimed at strengthening democratic principles, the rule of law or respect for international law including international human rights law in Myanmar.

Applications for trade sanctions licences can be made through SPIRE. Information on the activities you wish to carry out and any other relevant documentation can be provided in a cover letter and attached to the application. If you have questions on trade sanctions licensing, please contact us via tradesanctions@trade.gov.uk.

When you export goods, you may need to submit an electronic export declaration via the National Export System (NES), part of His Majesty’s Revenue and Customs’ (HMRC) Customs Handling of Import and Export Freight (CHIEF) system. Guidance is available on how to make an export declaration.

3.4 Overlap with strategic export licensing

Military goods and military technology

Please note that the export of and trade in military goods and military technology are also controlled under the Export Control Order 2008 and so you may also need a licence which is valid under that legislation. This means that all licence applications relating to military goods and military technology will also need to be considered against the Strategic Export Licensing Criteria. A licence under the Regulations is unlikely to be granted if a licence is refused for the same activity under the Export Control Order 2008.

The way this will work in practice is that we will consider an application for a licence which relates to activities that are licensable under both the Regulations and the Export Control Order 2008 as an application for a licence under both pieces of legislation. This means that only a single licence application is required.

The application will be considered against the relevant licensing criteria. If a licence is granted it will be valid under both the Export Control Order 2008 and the Regulations.

Dual-use goods and technology

Please note that the export of and trade in dual-use goods and technology are also controlled under the Dual-Use Regulation. Authorisations under that Regulation are granted by the Secretary of State for International Trade under licensing powers in the Export Control Order 2008.

This means that all licence applications relating to items which are controlled dual-use goods and technology will also need to be considered against the Strategic Export Licensing Criteria. A licence under the Regulations is unlikely to be granted if an authorisation is refused for the same activity under the Dual-Use Regulation.

As explained above in relation to military goods and technology, only a single licence application will be required in relation to dual-use goods and technology which falls within the scope of both the Regulations and the Dual-Use Regulation. If the application is compatible with both criteria, a licence will be granted which will be valid under the Dual-Use Regulation and the Export Control Order 2008 as well as the Regulations.

Overlap between trade sanctions and financial sanctions

If you import or export goods, you need to consider if financial sanctions apply to you. You may need a licence from OFSI as well as the Export Control Joint Unit or the Import Licensing Branch.

Transit control

Certain goods transiting the UK are still regarded as being exported when they leave the country and are therefore subject to control. Article 17 of the Export Control Order 2008 includes a transit and transhipment exception meaning that in many situations a licence is not required. This exception does not apply to goods destined for Myanmar, meaning that a licence is required to transit goods through the UK or to tranship them in the UK with a view to re-exportation to Myanmar.

3.5 Directions in respect of immigration sanctions

If you are subject to immigration sanctions the Home Office may direct, on a case by case basis, that the sanction does not apply in particular circumstances, such as for travel to, or through, the UK for a UN sponsored meeting. You can check how to apply for a UK visa, and find further information about travelling to the UK on GOV.UK.

4. Further information

Sign up to receive Notices to Exporters for updates on trade sanctions.

To receive an email alerting you to any changes to the consolidated list of financial sanctions targets, you can subscribe to OFSI’s e-alert.

1. All references in this table to ‘the Government of Myanmar’ include its public bodies, corporations or agencies, or any person acting on its behalf or at its direction. ↩