Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in respect of Myanmar/Burma and repealing Regulation (EC) No 194/2008 (c. 401)

ANNEX I U.K. List of equipment which might be used for internal repression as referred to in Articles 2, 3 and 4

1.

Firearms, 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.

3.

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. U.K.

Note 2: For the purposes of item 3.5 the term 'vehicles' includes trailers. U.K.

4.

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).

5.

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: U.K.

• 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.

ANNEX II U.K. Websites for information on the competent authorities referred to in Articles 4, 7 and 9 and address for notifications to the European Commission

[F1 BELGIUM U.K.

https://diplomatie.belgium.be/nl/Beleid/beleidsthemas/vrede_en_veiligheid/sancties

https://diplomatie.belgium.be/fr/politique/themes_politiques/paix_et_securite/sanctions

https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions

Textual Amendments

F1 Substituted by Commission Implementing Regulation (EU) 2019/1163 of 5 July 2019 amending and setting out a single list for the Annexes containing contact details of Member States competent authorities and address for notifications to the European Commission to certain Regulations concerning restrictive measures.

BULGARIA U.K.

https://www.mfa.bg/en/101

CZECH REPUBLIC U.K.

www.financnianalytickyurad.cz/mezinarodni-sankce.html

DENMARK U.K.

http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/

GERMANY U.K.

http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html

ESTONIA U.K.

http://www.vm.ee/est/kat_622/

IRELAND U.K.

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

GREECE U.K.

http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html

SPAIN U.K.

http://www.exteriores.gob.es/Portal/en/PoliticaExteriorCooperacion/GlobalizacionOportunidadesRiesgos/Paginas/SancionesInternacionales.aspx

FRANCE U.K.

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

CROATIA U.K.

http://www.mvep.hr/sankcije

ITALY U.K.

https://www.esteri.it/mae/it/politica_estera/politica_europea/misure_deroghe

CYPRUS U.K.

http://www.mfa.gov.cy/mfa/mfa2016.nsf/mfa35_en/mfa35_en?OpenDocument

LATVIA U.K.

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

LITHUANIA U.K.

http://www.urm.lt/sanctions

LUXEMBOURG U.K.

https://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/mesures-restrictives.html

HUNGARY U.K.

http://www.kormany.hu/download/9/2a/f0000/EU%20szankci%C3%B3s%20t%C3%A1j%C3%A9koztat%C3%B3_20170214_final.pdf

MALTA U.K.

https://foreignaffairs.gov.mt/en/Government/SMB/Pages/Sanctions-Monitoring-Board.aspx

NETHERLANDS U.K.

https://www.rijksoverheid.nl/onderwerpen/internationale-sancties

AUSTRIA U.K.

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

POLAND U.K.

https://www.gov.pl/web/dyplomacja

PORTUGAL U.K.

http://www.portugal.gov.pt/pt/ministerios/mne/quero-saber-mais/sobre-o-ministerio/medidas-restritivas/medidas-restritivas.aspx

ROMANIA U.K.

http://www.mae.ro/node/1548

SLOVENIA U.K.

http://www.mzz.gov.si/si/omejevalni_ukrepi

SLOVAKIA U.K.

https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu

FINLAND U.K.

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

SWEDEN U.K.

http://www.ud.se/sanktioner

UNITED KINGDOM U.K.

https://www.gov.uk/sanctions-embargoes-and-restrictions

Address for notifications to the European Commission:

European Commission

Service for Foreign Policy Instruments (FPI)

EEAS 07/99

B-1049 Brussels, Belgium

E-mail: [e-mail]]

[F2 ANNEX III U.K. Equipment, technology and software referred to in Articles 3b and 3c

Textual Amendments

F2 Inserted by Council Regulation (EU) 2018/647 of 26 April 2018 amending Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma.

General Note U.K.

Notwithstanding the contents of this Annex, it shall not apply to:

(a)

equipment, technology or software which are specified in Annex I to Regulation (EC) No 428/2009 or the Common Military List; or

(b)

software which is designed for installation by the user without further substantial support by the supplier and which is generally available to the public by being sold from stock at retail selling points, without restriction, by means of:

(i)

over-the-counter transactions;

(ii)

mail order transactions;

(iii)

electronic transactions; or

(iv)

telephone order transactions; or

(c)

software which is in the public domain.

The sections A, B, C, D and E refer to the sections referred to in Regulation (EC) No 428/2009.

The ‘ equipment, technology and software ’ referred to in Articles 3b and 3c is:

A.

List of equipment

• Deep Packet Inspection equipment

• Network Interception equipment including Interception Management Equipment (IMS) and Data Retention Link Intelligence equipment

• Radio Frequency monitoring equipment

• Network and Satellite jamming equipment

• Remote Infection equipment

• Speaker recognition/processing equipment

• IMSI (2) , MSISDN (3) , IMEI (4) , TMSI (5) interception and monitoring equipment

• Tactical SMS (6) /GSM (7) /GPS (8) /GPRS (9) /UMTS (10) /CDMA (11) /PSTN (12) interception and monitoring equipment

• DHCP (13) /SMTP (14) , GTP (15) information interception and monitoring equipment

• Pattern Recognition and Pattern Profiling equipment

• Remote Forensics equipment

• Semantic Processing Engine equipment

• WEP and WPA code breaking equipment

• Interception equipment for VoIP proprietary and standard protocol

B.

Not used

C.

Not used

D.

‘ Software ’ for the ‘ development ’ , ‘ production ’ or ‘ use ’ of the equipment specified in A above.

E.

‘ Technology ’ for the ‘ development ’ , ‘ production ’ or ‘ use ’ of the equipment specified in A above.

Equipment, technology and software falling within these sections is within the scope of this Annex only to the extent that it falls within the general description ‘ internet, telephone and satellite communications interception and monitoring systems ’ .

For the purpose of this Annex ‘ monitoring ’ means acquisition, extraction, decoding, recording, processing, analysis and archiving call content or network data.]

[F2 ANNEX IV U.K. List of natural and legal persons, entities and bodies referred to in Article 4a

	[F3 Name	Identifying information	Reasons	Date of listing
1.	Aung Kyaw Zaw	Date of birth: 20 August 1961 Gender: male Passport No: DM000826 Date of issue: 22 November 2011 Date of expiry: 21 November 2021 Military identification number: BC 17444	Lieutenant General Aung Kyaw Zaw was the Commander of the Bureau of Special Operations No 3 of the Myanmar Armed Forces (Tatmadaw) from August 2015 to the end of 2017. The Bureau of Special Operations No 3 oversaw the Western Command and, in that context, Lieutenant General Aung Kyaw Zaw is responsible for the atrocities and serious human rights violations committed against the Rohingya population in Rakhine State by the Western Command during that period. These include unlawful killings, sexual violence and the systematic burning of Rohingya houses and buildings.	25.6.2018
2.	Maung Maung Soe	Date of birth: March 1964 Gender: male National Identification Number: Tatmadaw Kyee 19571	Major General Maung Maung Soe was the Commander of the Western Command of the Myanmar Armed Forces (Tatmadaw) from October 2016 to 10 November 2017 and oversaw the military operations in Rakhine State. In that context, he is responsible for the atrocities and serious human rights violations committed against Rohingya population in Rakhine State by the Western Command during that period. These include unlawful killings, sexual violence and systematic burning of Rohingya houses and buildings.	25.6.2018
[F4 3.	Than Oo	Date of birth: 12 October 1973 Gender: male Military identification number: BC 25723	Brigadier General Than Oo was the Commander of the 99th Light Infantry Division of the Myanmar Armed Forces (Tatmadaw) until May 2018. In that context, he is responsible for the atrocities and serious human rights violations committed against the Rohingya population in Rakhine State in the second half of 2017 by the 99th Light Infantry Division. These include unlawful killings, sexual violence and the systematic burning of Rohingya houses and buildings.	25.6.2018]
4.	Aung Aung	Gender: male Military identification number: BC 23750	Brigadier General Aung Aung is the Commander of the 33rd Light Infantry Division of the Myanmar Armed Forces (Tatmadaw). In that context, he is responsible for the atrocities and serious human rights violations committed against the Rohingya population in Rakhine State in the second half of 2017 by the 33rd Light Infantry Division. These include unlawful killings, sexual violence and the systematic burning of Rohingya houses and buildings.	25.6.2018
5.	Khin Maung Soe	Date of birth: 1972 Gender: male	Brigadier General Khin Maung Soe is the Commander of the Military Operation Command 15, also sometimes known as the 15th Light Infantry Division, of the Myanmar Armed Forces (Tatmadaw), under which Infantry Battalion No 564 falls. In that context, he is responsible for the atrocities and serious human rights violations committed against the Rohingya population in Rakhine State in the second half of 2017 by the Military Operation Command 15, in particular by Infantry Battalion No 564. These include unlawful killings, sexual violence and the systematic burning of Rohingya houses and buildings.	25.6.2018
6.	Thura San Lwin	Date of birth: 17 March 1959 Gender: male	Brigadier General Thura San Lwin was the Commander of the Border Guard Police from October 2016 until early October 2017. In that context, he is responsible for the atrocities and serious human rights violations committed against Rohingya population in Rakhine State by the Border Guard Police during that period. These include unlawful killings and systematic burning of Rohingya houses and buildings.	25.6.2018
7.	Thant Zin Oo	Gender: male	Thant Zin Oo is the Commander of the 8th Security Police Battalion. In that context, he is responsible for the atrocities and serious human rights violations committed against Rohingya population in Rakhine State in the second half of 2017 by the 8th Security Police Battalion. The serious human rights violations include unlawful killings and systematic burning of Rohingya houses and buildings. Those violations were conducted in conjunction with and in direct support of the 33rd Light Infantry Division of the Myanmar Armed Forces (Tatmadaw) led by Brigadier General Aung Aung. Thant Zin Oo is therefore associated with listed person, Brigadier General Aung Aung.	25.6.2018
8.	Ba Kyaw	Gender: male	Ba Kyaw is a Staff Sergeant in the 564th Light Infantry Battalion (LIB) of the Myanmar Armed Forces (Tatmadaw). He committed atrocities and serious human rights violations, including murder, deportation and torture, against the Rohingya population in Rakhine State in the second half of 2017. In particular, he has been identified as one of the key perpetrators of the Maung Nu massacre on 27 August 2017 .	21.12.2018
9.	Tun Naing	Gender: male	Tun Naing is the Commanding Officer of the Border Guard Police (BGP) base in Taung Bazar. In that capacity, he is responsible for the atrocities and serious human rights violations against the Rohingya population in Rakhine State committed by the BGP in Taung Bazar before, around and after 25 August 2017 , including forced detention, ill-treatment and torture.	21.12.2018
10.	Khin Hlaing	Date of birth: 2 May 1968 Gender: male	Brigadier General Khin HLaing is the former Commander of the 99th Light Infantry Division (LID) and the current Commander of the North-eastern Command of the Myanmar Armed Forces (Tatmadaw). As the Commander of the 99th LID he oversaw military operations carried out in Shan State in 2016 and early 2017. In that context, he is responsible for the atrocities and serious human rights violations committed against ethnic minority villagers in Shan State in the second half of 2016 by the 99th LID. These include unlawful killings, forced detention and destruction of villages.	21.12.2018
11.	Aung Myo Thu	Gender: male	Major Aung Myo Thu is the Field Unit Commander of 33rd Light Infantry Division (LID) of the Myanmar Armed Forces (Tatmadaw). As the Field Unit Commander of the 33rd LID he oversaw military operations carried out in Rakhine State in 2017. In that context, he is responsible for the atrocities and serious human rights violations committed against the Rohingya population in Rakhine State in the second half of 2017 by the 33rd LID. These include unlawful killings, sexual violence and forced detention.	21.12.2018
12.	Thant Zaw Win	Gender: male	Thant Zaw Win is a Major in the 564th Light Infantry Battalion (LIB) of the Myanmar Armed Forces (Tatmadaw). In that capacity, he oversaw military operations carried out in Rakhine State and is responsible for the atrocities and serious human rights violations committed against the Rohingya population in Rakhine State by the 564th LIB, notably in and around Maung Nu village on 27 August 2017 . These include unlawful killings, sexual violence and systematic burning of Rohingya houses and buildings.	21.12.2018
13.	Kyaw Chay	Gender: male	Kyaw Chay is a Corporal in the Border Guard Police (BGP). He was formerly based in Zay Di Pyin and was the Commanding Officer of the BGP base in Zay Di Pyin in the period around 25 August 2017 when a series of human rights violations were committed by the BGP under his command. In that context, he is responsible for the atrocities and serious human rights violations by the BGP against the Rohingya population in Rakhine State in that period. He also participated in serious human rights violations. These violations include the ill-treatment of detainees and torture.	21.12.2018
14.	Nyi Nyi Swe	Gender: male	Major General Nyi Nyi Swe is the former Commander of the Northern Command of the Myanmar Armed Forces (Tatmadaw). In that capacity, he is responsible for the atrocities and serious human rights violations committed in Kachin State from May 2016 to April 2018 (until his appointment as Commander of the South-western Command) by the Northern Command, including ill-treatment of civilians. He is also responsible for obstructing the provision of humanitarian assistance to civilians in need in Kachin State in that period, in particular the blocking of food transports.	21.12.2018] ]

Textual Amendments

F3 Substituted by Council Implementing Regulation (EU) 2019/672 of 29 April 2019 implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma.

F4 Substituted by Council Implementing Regulation (EU) 2020/562 of 23 April 2020 implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma.

(1)

Common Military List of the European Union (adopted by the Council on 11 March 2013) (OJ C 30, 27.3.2013, p. 1).

(2)

[F2 IMSI stands for International Mobile Subscriber Identity. It is a unique identification code for each mobile telephony device, integrated in the SIM card and which allows identification of such SIM via GSM and UMTS networks.]

(3)

[F2 MSISDN stands for Mobile Subscriber Integrated Services Digital Network Number. It is a number uniquely identifying a subscription in a GSM or a UMTS mobile network. Simply put, it is the telephone number to the SIM card in a mobile phone and therefore it identifies a mobile subscriber as well as IMSI, but to route calls through him.]

(4)

[F2 IMEI stands for International Mobile Equipment Identity. It is a number, usually unique to identify GSM, WCDMA and IDEN mobile phones as well as some satellite phones. It is usually found printed inside the battery compartment of the phone. Interception (wiretapping) can be specified by its IMEI number as well as IMSI and MSISDN.]

(5)

[F2 TMSI stands for Temporary Mobile Subscriber Identity. It is the identity that is most commonly sent between the mobile and the network.]

(6)

[F2 SMS stands for Short Message System.]

(7)

[F2 GSM stands for Global System for Mobile Communications.]

(8)

[F2 GPS stands for Global Positioning System.]

(9)

[F2 GPRS stands for General Package Radio Service.]

(10)

[F2 UMTS stands for Universal Mobile Telecommunication System.]

(11)

[F2 CDMA stands for Code Division Multiple Access.]

(12)

[F2 PSTN stands for Public Switch Telephone Networks.]

(13)

[F2 DHCP stands for Dynamic Host Configuration Protocol.]

(14)

[F2 SMTP stands for Simple Mail Transfer Protocol.]

(15)

[F2 GTP stands for GPRS Tunnelling Protocol.]

Textual Amendments

F2 Inserted by Council Regulation (EU) 2018/647 of 26 April 2018 amending Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma.