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Myanmar’s Financial Sanctions Lists: A Complex Web of Restrictions

The United States government has implemented a range of financial sanctions against Myanmar, also known as Burma, to restrict the country’s access to international finance and commerce. These sanctions aim to punish Myanmar’s military regime for its human rights abuses and other activities deemed contrary to US interests.

Key Sanctions Authorities

Executive Orders

The sanctions against Myanmar are based on multiple legal authorities, including executive orders issued by the President. Some of the key authorities include:

• Executive Order 14014: Blocking Property with Respect to the Situation in Burma
• The International Emergency Economic Powers Act (IEEPA): Authorizing the President to impose economic sanctions in response to national emergencies
• The National Emergencies Act (NEA): Providing a framework for declaring and managing national emergencies

Regulations

The Office of Foreign Assets Control (OFAC) has published regulations that implement these authorities, including:

• Burma Sanctions Regulations (31 CFR Part 525): Setting out the specific requirements and restrictions imposed on US persons and foreign entities in connection with Myanmar-related transactions.

Sanctions Lists

The US government maintains several sanctions lists related to Myanmar, including:

Specially Designated Nationals (SDN) List

• Identifies individuals and entities that are subject to economic sanctions

Burma-Related Sanctions Directive 1

• Prohibits financial services to or for the benefit of Myanma Oil and Gas Enterprise

General Licenses

In certain circumstances, the US government may issue general licenses that permit specific activities that would otherwise be prohibited under the sanctions regulations. Examples include:

General License 3: Nongovernmental Organizations’ Activities

• Permits certain transactions in support of nongovernmental organizations’ activities
• Authorizes the wind down of transactions involving Myanma Investment and Commercial Bank or Myanma Foreign Trade Bank

Licensing Policy

The US government may also issue specific licenses that permit individual transactions that would otherwise be prohibited under the sanctions regulations. These licenses are typically issued on a case-by-case basis, and applicants must submit a detailed application to OFAC.

Guidance and FAQs

OFAC has published guidance and frequently asked questions (FAQs) related to Myanmar-related sanctions, which provide additional information and clarification on key issues. These resources can be found on the OFAC website.

Overall, the US government’s financial sanctions against Myanmar are complex and multifaceted, with multiple authorities and regulations governing different aspects of international finance and commerce.