Council Regulation (EC) No 194/2008 of 25 February 2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 817/2006

of 25 February 2008

renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 817/2006

Preamble

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 60 and 301 thereof,

Having regard to Common Position 2007/750/CFSP of 19 November 2007 amending Common Position 2006/318/CFSP renewing restrictive measures against Burma/Myanmar ¹ ,

Having regard to the proposal from the Commission,

Whereas:

(1) On 28 October 1996, the Council, concerned at the absence of progress towards democratisation and at the continuing violation of human rights in Burma/Myanmar, imposed certain restrictive measures against Burma/Myanmar by Common Position 1996/635/CFSP ² . These measures were subsequently extended and amended by Common Position 2000/346/CFSP ³ , repealed and replaced by Common Position 2003/297/CFSP ⁴ , and then renewed by Common Position 2004/423/CFSP ⁵ , reinforced by Common Position 2004/730/CFSP ⁶ , amended by Common Position 2005/149/CFSP ⁷ and extended and amended by Common Position 2005/340/CFSP ⁸ . The Council further adopted Common Position 2006/318/CFSP ⁹ in view of the political situation in Burma/Myanmar, as witnessed by:

— the failure of the military authorities to enter into substantive discussions with the democratic movement concerning a process leading to national reconciliation, respect for human rights and democracy,

— the failure to allow a genuine and open National Convention,

— the continuing detention of Daw Aung San Suu Kyi, other members of the National League for Democracy (NLD) and other political detainees,

— the continued harassment of the NLD and other organised political movements,

— the continuing serious violations of human rights, including the failure to take action to eradicate the use of forced labour in accordance with the recommendations of the International Labour Organisation’s High-Level Team report of 2001 and recommendations and proposals of subsequent ILO missions; and

— recent developments such as increasing restrictions on the operation of international organisations and non-governmental organisations.

(2) Common Position 2006/318/CFSP therefore provided for the maintenance of the restrictive measures against the military regime in Burma/Myanmar, those who benefit most from its misrule and those who actively frustrate the process of national reconciliation, respect for human rights and democracy. The restrictive measures provided for by Common Position 2006/318/CFSP included an arms embargo, a ban on technical assistance, financing and financial assistance related to military activities, a ban on the export of equipment which might be used for internal repression, the freezing of funds and economic resources of members of the Government of Burma/Myanmar and of any natural or legal persons, entities or bodies associated with them, a travel ban on such natural persons, and a prohibition on making financial loans or credits available to, and on acquiring or extending a participation in, Burmese state-owned enterprises.

(3) Some of the restrictive measures imposed against Burma/Myanmar were implemented at Community level by Council Regulation (EC) No 817/2006 of 29 May 2006 renewing the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 798/2004 ¹⁰ .

(4) In reaction to the brutal repression perpetrated by the Burmese authorities against peaceful protestors in September 2007 and the continuing serious violations of human rights in Burma/Myanmar, the Council decided on 19 November 2007 to apply further restrictive measures against that country’s military regime, in addition to those already in place in accordance with Common Position 2006/318/CFSP.

(5) Common Position 2007/750/CFSP provides for new restrictive measures concerning certain imports from, exports to and investments in Burma/Myanmar, targeting its timber industry and certain extractive industries.

(6) It also calls for broadening the scope of the existing restrictions on investment to also apply in respect of investment in enterprises owned or controlled by persons or entities associated with the military regime, and for broadening the categories of persons targeted by the freezing of funds and economic resources to include also additional senior serving members of the Burmese military.

(7) For more than a decade, the Council and members of the international community have repeatedly condemned the Burmese/Myanmar regime’s practice of torture, summary and arbitrary executions, forced labour, abuse of women, political arrests, forced displacement of the population and restrictions on the fundamental rights of freedom of speech, movement and assembly. Taking into account the regime’s longstanding, continuing serious violations of fundamental rights, including the recent brutal repression of peaceful demonstrations, the restrictive measures in this Regulation are instrumental in promoting respect for fundamental human rights and thus serve the purpose of protecting public morals.

(8) The new restrictive measures target sectors which provide sources of revenue for the military regime of Burma/Myanmar. Therefore the new restrictive measures apply to wood and wood products, and to coal, gold, silver, certain base metals and precious and semi-precious stones. In these sectors, certain measures restrict imports, exports and investments. The list of entities to which the new restrictions on investment and financial assistance for exports should correspond to the list established in Annex I to Common Position 2007/750/CFSP which lists entities in Burma/Myanmar involved in these targeted sectors.

(9) These restrictions are designed to prevent those subject to EC jurisdiction from deriving benefits from trade which promotes or otherwise facilitates the implementation of such policies, which are in breach of international law and are incompatible with the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, which are common to the Member States.

(10) The scope of the ban on investment imposed by Regulation (EC) No 817/2006 should be aligned with Common Position 2007/750/CFSP, and the lists of persons, entities and bodies subject to the restrictive measures of that Regulation should be updated.

(11) The list of equipment which might be used for internal repression should be updated following recommendations made by experts, taking into account Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment ¹¹ .

(12) Certain of the abovementioned measures fall within the scope of the EC Treaty and, therefore, notably with a view to ensuring their uniform application by economic operators in all Member States, Community legislation is necessary to implement them as far as the Community is concerned.

(13) For the sake of clarity, a new text containing all the relevant provisions as amended should be adopted, replacing Regulation (EC) No 817/2006 which should be repealed.

(14) This Regulation should enter into force on the day of its publication so as to ensure that the measures provided for in it are effective,

HAS ADOPTED THIS REGULATION:

CHAPTER 1 Definitions Article 1 For the purposes of this Regulation, the following definitions shall apply: (a) ‘import’ means any entry of goods into the customs territory of the Community or other territories to which the Treaty applies, under the conditions laid down in Article 299 thereof. It includes, within the meaning of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code ¹² , the placing in a free zone or free warehouse, the placing under a suspensive procedure and the release for free circulation, but it excludes transit and temporary storage; (b) ‘export’ means any departure of goods from the customs territory of the Community or other territories to which the Treaty applies, under the conditions laid down in Article 299 thereof. It includes, within the meaning of Regulation (EEC) No 2913/92, the departure of goods that requires a customs declaration and the departure of goods after their storage in a free zone of control type I or free warehouse, but it excludes transit; (c) ‘exporter’ means any natural or legal person on whose behalf an export declaration is made, that is to say the person who, at the time when the declaration is accepted, holds the contract with the consignee in the third country and has the power for determining the sending of the item out of the customs territory of the Community or other territories to which the Treaty applies; (d) ‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take such forms as instruction, advice, training, transmission of working knowledge or skills or consulting services; technical assistance shall include verbal forms of assistance; (e) ‘funds’ means financial assets and benefits of every kind, including but not limited to: (i) cash, cheques, claims on money, drafts, money orders and other payment instruments; (ii) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; (iii) publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts; (iv) interest, dividends or other income on or value accruing from or generated by assets; (v) credit, right of set-off, guarantees, performance bonds or other financial commitments; (vi) letters of credit, bills of lading, bills of sale; (vii) documents evidencing an interest in funds or financial resources; (f) ‘freezing of funds’ 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; (g) ‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services; (h) ‘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; (i) ‘territory of the Community’ means the territories to which the Treaty is applicable, under the conditions laid down in the Treaty.

CHAPTER 2 Import and purchase restrictions Article 2 1. Annex I shall include goods belonging to the following categories: (a) round logs, timber and timber products; (b) coal and certain metals; and (c) precious and semi-precious stones. 2. It shall be prohibited: (a) to import goods listed in Annex I, if such goods (i) originate in Burma/Myanmar; or (ii) have been exported from Burma/Myanmar; (b) to purchase goods located in Burma/Myanmar which are listed in Annex I; (c) to transport goods listed in Annex I, if such goods originate in Burma/Myanmar or are being exported from Burma/Myanmar to any other country, and their final destination is in the Community; or (d) to participate, knowingly and intentionally, in activities whose object or effect is, directly or indirectly, to circumvent the prohibitions in points (a), (b) or (c). 3. The origin of goods shall be determined in accordance with the relevant provisions of Regulation (EEC) No 2913/92. 4. Imports, purchases and transport of goods which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as prohibited by paragraph 2. Article 3 1. Article 2(2) shall not apply to goods which were, pursuant to a contractual obligation to supply the goods concerned to a contracting party in the Community, in the course of shipment before the 10 March 2008. Goods shall be deemed to be in the course of shipment if they left Burma/Myanmar before that date for a final destination in the Community. 2. It shall be the responsibility of the interested party to show to the customs authorities by means of relevant documents that the conditions set out in paragraph 1 are met. If the documents are not submitted when the goods are declared, the customs authorities shall detain the goods. 3. If the necessary documents are not provided within two months or if, after submission of the documents, the customs authorities are not satisfied that the conditions set out in paragraph 1 are met, the customs authorities shall dispose of the detained goods in accordance with applicable national legislation.

CHAPTER 3 Export restrictions Article 4 1. 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 II, whether or not originating in the Community, to any natural or legal person, entity or body in, or for use in Burma/Myanmar. 2. Paragraph 1 shall not apply to protective clothing, including flak jackets and helmets, temporarily exported to Burma/Myanmar by United Nations personnel, personnel of the European Union, the Community or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only. Article 5 1. It shall be prohibited to sell, supply, transfer or export goods or technology listed in Annex III, directly or indirectly, to enterprises in Burma/Myanmar engaged in the following industries: (a) logging and timber processing; (b) mining of coal, gold, silver, iron, tin, copper, tungsten, lead, manganese, nickel and zinc; (c) mining and processing of precious and semi-precious stones, including diamonds, rubies, sapphires, jade and emeralds. 2. Annex III shall include equipment and technology used in the industries mentioned in paragraph 1. Annex III shall not include items included in the Common Military List of the European Union. 3. With a view to implementing paragraph 1, a prior authorisation shall be required for the export, directly or indirectly, of the goods and technology listed in Annex III, to any natural or legal person, entity or body in, or for use in, Burma/Myanmar. 4. Exporters shall supply the competent authorities with all relevant information required for their application for an authorisation. If the exporter is not established in the Community, responsibility for seeking the necessary prior authorisation shall lie with either the seller, the supplier or the transferring party, whichever is established in the Community. The application shall be lodged with the competent authorities in the Member State where the applicant is established, as indicated in the websites listed in Annex IV. Transporters shall be presented with the necessary authorisation before the export takes place. 5. The competent authorities in the Member States, as indicated in the websites listed in Annex IV, shall not grant any authorisation for any export of the goods and technology listed in Annex III, where there are reasonable grounds to believe that the goods and technology will be made available to an enterprise in Burma/Myanmar engaged in the industries mentioned in paragraph 1. 6. Authorisations shall be granted only by a competent authority in the Member State where the applicant is established, as indicated in the websites listed in Annex IV. Authorisations shall be valid throughout the Community. 7. The competent authorities may grant authorisations under such conditions as they deem appropriate, such as an obligation to provide an end-user statement. The competent authorities, acting in accordance with paragraph 4 or 5, may annul, suspend, modify or revoke authorisations which they have already granted. 8. Where the competent authorities in a Member State refuse to grant an authorisation, or annul, suspend, substantially limit or revoke an authorisation, the Member State concerned shall inform the other Member States and the Commission thereof, and share relevant information with them, notably on the items, end-user or enterprise in Burma/Myanmar involved, in accordance with the confidentiality requirements provided by Council Regulation (EC) No 515/97 ¹³ . 9. Before a Member State grants an authorisation which concerns the same end-user or enterprise in Burma/Myanmar, it shall first consult the Member State which issued the denial. If, following such consultations, the Member State concerned decides to grant an authorisation, it shall inform the other Member States and the Commission thereof, providing all relevant information to explain the decision. Article 6 Article 5 shall not apply to goods which were in the course of shipment before the 10 March 2008. Goods shall be deemed to be in the course of shipment if they have left the Community before that date for a final destination in Burma/Myanmar. Article 7 1. 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 Burma/Myanmar; (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 Burma/Myanmar. 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 II, directly or indirectly to any natural or legal person, entity or body in, or for use in Burma/Myanmar; (b) to provide financing or financial assistance related to the equipment listed in Annex II, 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 Burma/Myanmar. 3. As regards any of the enterprises, legal persons, entities or bodies listed in Annex V, it shall be prohibited to provide financing or financial assistance for any sale, supply, transfer or export of goods and technology listed in Annex III or for the provision of related technical assistance or training. 4. Annex V shall include: (a) enterprises in Burma/Myanmar engaged in the following industries: (i) logging and timber processing; (ii) mining of coal, gold, silver, iron, tin, copper, tungsten, lead, manganese, nickel and zinc; (iii) mining and processing of precious and semi-precious stones, including diamonds, rubies, sapphires, jade and emeralds; and (b) legal persons, entities or bodies owned or controlled by, or acting for or on behalf of, enterprises owned or controlled by, or acting for or on behalf of, such enterprises. 5. 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, 2 and 3. 6. The prohibitions set out in paragraphs 1(b), 2(b) and 3 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 these prohibitions. Article 8 1. It shall be prohibited to provide technical assistance related to goods or technology listed in Annex III, directly or indirectly, to enterprises in Burma/Myanmar engaged in the industries listed in Article 5(1). 2. With a view to implementing paragraph 1, a prior authorisation shall be required for the provision of technical assistance related to goods and technology listed in Annex III, to any natural or legal person, entity or body in, or for use in, Burma/Myanmar. 3. The natural or legal persons, entities or bodies providing the technical assistance shall supply the competent authorities with all relevant information required for their application for an authorisation. The application shall be lodged with the competent authorities in the Member State where the applicant is established, as indicated in the websites listed in Annex IV. 4. The competent authorities in the Member States, as indicated in the websites listed in Annex IV, shall not grant any authorisation for the provision of the technical assistance related to the goods and technology listed in Annex III, where there are reasonable grounds to believe that the technical assistance will be provided to, or in any other way be beneficial to, an enterprise in Burma/Myanmar engaged in the industries listed in Article 5(1). 5. Paragraphs 5 to 8 of Article 5 shall apply where applications for authorisations are made in accordance with this Article. Article 9 1. By way of derogation from Articles 4 and 7(2), the competent authorities in the Member States, as indicated in the websites listed in Annex IV, 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 II, intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations, the European Union and the Community, 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 subparagraphs (a) and (b). 2. By way of derogation from Articles 5(1) and (6), 7(3) and 8, the competent authorities in the Member States, as indicated in the websites listed in Annex IV, may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of the goods and technology listed in Annex III destined for enterprises mentioned in Article 5(1), or the provision of related technical assistance, financing or financial assistance, if all of the following conditions are met: (a) the transaction constitutes performance of a contractual obligation to sell, supply or transfer the goods concerned, or to provide the assistance or financing concerned, to an enterprise or joint venture in Burma/Myanmar; (b) the contract or agreement which created the obligation was concluded by the seller, supplier or transferring party before the 10 March 2008; and (c) that contract or agreement relates to an investment in, the acquisition or creation of the enterprise concerned or the creation of the joint venture concerned. 3. By way of derogation from Article 7(1), the competent authorities in the Member States, as listed in Annex IV, 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, the European Union and the Community; (b) materiel intended for European Union and United Nations crisis-management operations. Article 10 The authorisations referred to in this Chapter shall not be granted for activities that have already taken place.

CHAPTER 4 Freezing of funds and economic resources Article 11 1. All funds and economic resources belonging to, owned, held or controlled by the individual members of the Government of Burma/Myanmar and to the natural or legal persons, entities or bodies associated with them, as listed in Annex VI, 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 VI. 3. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to at paragraphs 1 and 2 shall be prohibited. 4. The prohibition set out in paragraph 2 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 this prohibition. Article 12 1. Article 11(2) shall not apply to the addition to frozen accounts of: (a) interest or other earnings on those accounts; or (b) payments due under contracts, agreements or obligations that were concluded or arose before the date on which those accounts became subject to the provisions of Regulation (EC) No 1081/2000 ¹⁴ , Regulation (EC) No 798/2004 ¹⁵ , Regulation (EC) No 817/2006 ¹⁶ or this Regulation, whichever is the earlier, provided that any such interest, other earnings and payments continue to be subject to Article 11(1). 2. Article 11(2) shall not prevent financial or credit institutions in the Community from crediting frozen accounts where they 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 competent authorities about such transactions without delay. Article 13 1. The competent authorities in the Member States, as indicated in the websites listed in Annex IV, 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 concerned are: (a) necessary to satisfy the basic needs of persons listed in Annex VI 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, provided that the Member State concerned has notified the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks before the authorisation. 2. Member States shall inform the other Member States and the Commission of any authorisation granted under paragraph 1. Article 14 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 implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen as result of negligence.

CHAPTER 5 Restrictions on financing of certain enterprises Article 15 1. Annex VII shall include: (a) enterprises owned or controlled by the Government of Burma/Myanmar or the public bodies, corporations, including companies established under private law in which the public authorities have a majority stake, and agencies of that State; (b) enterprises owned or controlled by individual members of the Government of Burma/Myanmar or natural or legal persons, entities or bodies associated with them; and (c) legal persons, entities or bodies owned or controlled by, or acting for or on behalf of, enterprises referred to in point (a) or (b). 2. The following shall be prohibited: (a) the granting of any financial loan or credit to any of the enterprises, legal persons, entities or bodies listed in Annex V or VII, or the acquisition of bonds, certificates of deposit, warrants or debentures, issued by enterprises, legal persons, entities or bodies listed in Annex VII; (b) the acquisition or extension of a participation in the enterprises, legal persons, entities or bodies listed in Annex V or VII, including the acquisition in full of such enterprises and the acquisition of shares and securities of a participating nature; (c) the creation of any joint venture with the enterprises, legal persons, entities or bodies listed in Annex V or VII, with subsidiary enterprises of such enterprises or with affiliated legal persons, entities or bodies under their control. 3. The participation, knowingly and intentionally, in activities, the object or effect of which is, directly or indirectly, to circumvent the provisions of paragraph 2 shall be prohibited. 4. Paragraph 2 shall be without prejudice to the execution of trade contracts for the supply of goods or services on usual commercial payment conditions and the usual supplementary agreements in connection with the execution of these contracts such as export credit insurances. 5. The prohibitions in paragraph 2(a) shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before the date on which the enterprise was first designated by the Council, as indicated in Annex V or VII. 6. The prohibitions in paragraph 2(b) shall not prevent the extension of a participation in enterprises, legal persons, entities or bodies listed in Annex V or VII, if such extension is provided for under an agreement concluded with the enterprise concerned before the date on which the enterprise was first designated by the Council, as indicated in Annex V or VII. 7. The person, entity or body which intends to extend a participation in an enterprise, legal persons, entities or bodies listed in Annex V or VII shall inform the competent authority in the relevant Member State, as indicated in the websites listed in Annex IV, before any transaction referred to in paragraph 6 takes place. The Member State concerned shall inform the other Member States and the Commission. 8. The prohibition set out in paragraph 2(a) 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 breach this prohibition.

CHAPTER 6 General and final provisions Article 16 1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall: (a) supply immediately the competent authorities indicated in the websites listed in Annex IV for the country where they are resident or located with any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 11, and shall forward such information, directly or through these competent authorities, to the Commission; and (b) cooperate with the competent authorities indicated in the websites listed in Annex IV in any verification of this information. 2. 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 17 The Commission and Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts. Article 18 1. The Commission shall be empowered to: (a) amend Annex IV on the basis of information supplied by Member States; (b) amend Annexes V, VI and VII on the basis of decisions taken in respect of the Annexes I, II and III to Common Position 2006/318/CFSP. 2. A notice shall be published regarding the modalities for submitting information in relation to Annexes V, VI and VII ¹⁷ . Article 19 1. Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. 2. Member States shall notify the Commission of those rules without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment. Article 20 1. Member States shall designate the competent authorities referred to in this Regulation and identify them in, or through, the websites listed in Annex IV. 2. Member States shall notify the Commission of their competent authorities without delay after the entry into force of this Regulation and shall notify it of any subsequent changes. Article 21 This Regulation shall apply: (a) within the territory of the Community, including its airspace; (b) on board any aircraft or any vessel under the jurisdiction of a Member State; (c) to any person inside or outside the territory of the Community who is a national of a Member State; (d) to any legal person, entity or body which is incorporated or constituted under the law of a Member State; (e) to any legal person, entity or body in respect of any business done in whole or in part within the Community. Article 22 Regulation (EC) No 817/2006 is hereby repealed. Article 23 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union .

Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 25 February 2008. For the Council The President A. VIZJAK

¹ OJ L 308, 24.11.2007, p. 1 .

² OJ L 287, 8.11.1996, p. 1 .

³ OJ L 122, 24.5.2000, p. 1 .

⁴ OJ L 106, 29.4.2003, p. 36 . Common Position as last amended by Decision 2003/907/CFSP ( OJ L 340, 24.12.2003, p. 81 ).

⁵ OJ L 125, 28.4.2004, p. 61 . Common Position as last amended by Common Position 2005/340/CFSP ( OJ L 108, 29.4.2005, p. 88 ).

⁶ OJ L 323, 26.10.2004, p. 17 .

⁷ OJ L 49, 22.2.2005, p. 37 .

⁸ OJ L 108, 29.4.2005, p. 88 .

⁹ OJ L 116, 29.4.2006, p. 77 . Common Position as last amended by Common Position 2007/750/CFSP.

¹⁰ OJ L 148, 2.6.2006, p. 1 . Regulation as last amended by Regulation (EC) No 830/2007 ( OJ L 185, 17.7.2007, p. 1 ).

¹¹ OJ L 200, 30.7.2005, p. 1 . Regulation as last amended by Regulation (EC) No 1791/2006 ( OJ L 363, 20.12.2006, p. 1 ).

¹² OJ L 302, 19.10.1992, p. 1 . Regulation as last amended by Regulation No 1791/2006 ( OJ L 363, 20.12.2006, p. 1 ).

¹³ Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters ( OJ L 82, 22.3.1997, p. 1 ). Regulation as last amended by Regulation (EC) No 807/2003 ( OJ L 122, 16.5.2003, p. 36 ).

¹⁴ Regulation (EC) No 1081/2000 of 22 May 2000 prohibiting the sale, supply and export to Burma/Myanmar of equipment which might be used for internal repression or terrorism, and freezing the funds of certain persons related to important governmental functions in that country ( OJ L 122, 24.5.2000, p. 29 ).

¹⁵ Regulation (EC) No 798/2004 of 26 April 2004 renewing the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 1081/2000 ( OJ L 125, 28.4.2004, p. 4 ).

¹⁶ Regulation (EC) No 817/2006 of 29 May 2006 renewing the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 798/2004 ( OJ L 148, 2.6.2006, p. 1 ). Regulation as last amended by Regulation (EC) No 830/2007 ( OJ L 185, 17.7.2007, p. 1 ).

¹⁷ OJ C 65, 11.3.2008 .

Note:

If only part of the scope of the CN code referred to is covered by an entry in this Annex, the CN code is preceded by ‘ex’.

A. Round logs, timber and timber products

B. Coal and metals

C. Precious and semi-precious stones

Fire-arms, ammunition and related accessories therefor, as follows:

1.1. Firearms not controlled by ML 1 and ML 2 of the EU Common Military List ¹ ;

1.2. Ammunition specially designed for the firearms listed in 1.1 and specially designed components therefor;

1.3. Weapon-sights not controlled by the EU Common Military List.

2. Bombs and grenades not controlled by the EU Common Military List.

Vehicles as follows:

3.1. Vehicles equipped with a water cannon, specially designed or modified for the purpose of riot control;

3.2. Vehicles specially designed or modified to be electrified to repel borders;

3.3. Vehicles specially designed or modified to remove barricades, including construction equipment with ballistic protection;

3.4. Vehicles specially designed for the transport or transfer of prisoners and/or detainees;

3.5. Vehicles specially designed to deploy mobile barriers;

3.6. Components for the vehicles specified in 3.1 to 3.5 specially designed for the purposes of riot control.

Note 1: This item does not control vehicles specially designed for the purposes of fire-fighting.

Note 2: For the purposes of item 3.5 the term ‘vehicles’ includes trailers.

Explosive substances and related equipment as follows:

4.1. Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including firing sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor; except those specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other equipment or devices the function of which is not the creation of explosions (e.g., car air-bag inflaters, electric-surge arresters of fire sprinkler actuators);

4.2. Linear cutting explosive charges not controlled by the EU Common Military List;

4.3. Other explosives not controlled by the EU Common Military List and related substances as follows:

(a) amatol;

(b) nitrocellulose (containing more than 12,5 % nitrogen);

(c) nitroglycol;

(d) pentaerythritol tetranitrate (PETN);

(e) picryl chloride;

(f) 2,4,6-trinitrotoluene (TNT).

Protective equipment not controlled by ML 13 of the EU Common Military List as follows:

5.1. Body armour providing ballistic and/or stabbing protection;

5.2. Helmets providing ballistic and/or fragmentation protection, anti-riot helmets, antiriot shields and ballistic shields.

Note: This item does not control:

— equipment specially designed for sports activities;

— equipment specially designed for safety of work requirements.

6. Simulators, other than those controlled by ML 14 of the EU Common Military List, for training in the use of firearms, and specially designed software therefor.

7. Night vision, thermal imaging equipment and image intensifier tubes, other than those controlled by the EU Common Military List.

8. Razor barbed wire.

9. Military knives, combat knives and bayonets with blade lengths in excess of 10 cm.

10. Production equipment specially designed for the items specified in this list.

11. Specific technology for the development, production or use of the items specified in this list.

¹ Common Military List of the European Union (adopted by the Council on 19 March 2007) (equipment covered by the European Union Code of Conduct on Arms Exports) (updating and replacing the Common Military List of the European Union adopted by the Council on 27 February 2006) ( OJ L 88, 29.3.2007, p. 58 ).

Note:

If only part of the scope of the CN code referred to is covered by an entry in this Annex, the CN code is preceded by ‘ex’.

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.government.bg

CZECH REPUBLIC

http://www.mfcr.cz/mezinarodnisankce

DENMARK

http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/

GERMANY

http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html

ESTONIA

http://www.vm.ee/est/kat\_622/

GREECE

http://www.ypex.gov.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/International+Sanctions/

SPAIN

http://www.mae.es/es/MenuPpal/Asuntos/Sanciones+Internacionales

FRANCE

http://www.diplomatie.gouv.fr/autorites-sanctions/

IRELAND

http://www.dfa.ie/home/index.aspx?id=28519

ITALY

http://www.esteri.it/UE/deroghe.html

CYPRUS

http://www.mfa.gov.cy/sanctions

LATVIA

http://www.mfa.gov.lv/en/security/4539

LITHUANIA

http://www.urm.lt

LUXEMBOURG

http://www.mae.lu/sanctions

HUNGARY

http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitibank/nemzetkozi\_szankciok/

MALTA

http://www.doi.gov.mt/EN/bodies/boards/sanctions\_monitoring.asp

NETHERLANDS

http://www.minbuza.nl/sancties

AUSTRIA

http://www.bmeia.gv.at/view.php3?f\_id=12750&LNG=en&version=

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.min-nestrangeiros.pt

ROMANIA

http://www.mae.ro/index.php?unde=doc&id=32311&idlnk=1&cat=3

SLOVENIA

http://www.mzz.gov.si/si/zunanja\_politika/mednarodna\_varnost/omejevalni\_ukrepi/

SLOVAKIA

http://www.foreign.gov.sk

FINLAND

http://formin.finland.fi/kvyhteistyo/pakotteet

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

http://www.fco.gov.uk/competentauthorities

Address for notifications to the Commission of the European Communities:

Commission of the European Communities

Directorate-General for External Relations

Directorate A. Crisis Platform and Policy Coordination in CFSP

Unit A.2. Crisis Response and Peace Building

CHAR 12/108

B-1049 Brussels

Tel.: (32-2) 299 1176/295 5585

Fax: (32-2) 299 0873

Note:

Aliases or variations in spelling are denoted by ‘aka’ (also known as).

Notes:

1. Aliases or variations in spelling are denoted by ‘aka’ (also known as).

2. D.o.b. means date of birth.

3. P.o.b. means place of birth.

A. STATE PEACE AND DEVELOPMENT COUNCIL (SPDC)

B. REGIONAL COMMANDERS

C. DEPUTY REGIONAL COMMANDERS

D. MINISTERS

E. DEPUTY MINISTERS

F. OTHER TOURISM RELATED APPOINTMENTS

G. SENIOR MILITARY OFFICERS

H. MILITARY OFFICERS RUNNING PRISONS AND POLICE

I. UNION SOLIDARITY AND DEVELOPMENT ASSOCIATION (USDA)

J. PERSONS WHO BENEFIT FROM GOVERNMENT ECONOMIC POLICIES

K. MILITARY OWNED ENTERPRISES

Footnotes

1. Common Military List of the European Union (adopted by the Council on 19 March 2007) (equipment covered by the European Union Code of Conduct on Arms Exports) (updating and replacing the Common Military List of the European Union adopted by the Council on 27 February 2006) (). ↩ ↩² ↩³ ↩⁴

2. . ↩ ↩²

3. . ↩ ↩²

4. . Common Position as last amended by Decision 2003/907/CFSP (). ↩ ↩²

5. . Common Position as last amended by Common Position 2005/340/CFSP (). ↩ ↩²

6. . ↩ ↩²

7. . ↩ ↩²

8. . ↩ ↩²

9. . Common Position as last amended by Common Position 2007/750/CFSP. ↩ ↩²

10. . Regulation as last amended by Regulation (EC) No 830/2007 (). ↩ ↩²

11. . Regulation as last amended by Regulation (EC) No 1791/2006 (). ↩ ↩²

12. . Regulation as last amended by Regulation No 1791/2006 (). ↩ ↩²

13. Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (). Regulation as last amended by Regulation (EC) No 807/2003 (). ↩ ↩²

14. Regulation (EC) No 1081/2000 of 22 May 2000 prohibiting the sale, supply and export to Burma/Myanmar of equipment which might be used for internal repression or terrorism, and freezing the funds of certain persons related to important governmental functions in that country (). ↩ ↩²

15. Regulation (EC) No 798/2004 of 26 April 2004 renewing the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 1081/2000 (). ↩ ↩²

16. Regulation (EC) No 817/2006 of 29 May 2006 renewing the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 798/2004 (). Regulation as last amended by Regulation (EC) No 830/2007 (). ↩ ↩²

17. . ↩ ↩²