Introduction
1. The Myanmar (Sanctions) Regulations 2021 (the “UK Regulations”) provide for the freezing of funds and economic resources of certain persons, entities or bodies involved in undermining democracy, the rule of law or good governance in Myanmar; the repression of the civilian population in Myanmar; the commission of, or the obstruction of an independent investigation into, a serious human rights violation or abuse in Myanmar; the commission of a violation of international humanitarian law in Myanmar; the obstruction of a humanitarian assistance activity in Myanmar; any other action, policy or activity which threatens the peace, stability or security of Myanmar.
2. The Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 (the “Order”), made under the Sanctions and Asset-Freezing (Jersey) Law 2019 (“SAFL”), links to the UK Regulations.
3. Any asset-freeze designations made under the UK Regulations are effective immediately by virtue of the ambulatory provisions in Jersey’s sanctions legislation.
4. An asset freeze now applies to the persons listed in the Annex to this Notice under Part 3 of SAFL.
Notice summary (Full details are provided in the Annex to this Notice)
5. The following designations have been made and are now subject to an asset freeze:
- MYANMAR PEARL ENTERPRISE (MPE)
- MYANMAR TIMBER ENTERPRISE (MTE)
- STATE ADMINISTRATION COUNCIL
What you must do
6. You must:
- check whether you maintain any accounts or hold any funds or economic resources for the persons set out in the Annex to this Notice.
- freeze such accounts, and other funds or economic resources.
- refrain from dealing with the funds or assets or making them available (directly or indirectly) to such persons unless licensed by the Minister for External Relations and Financial Services (“MERFS”).
- report any findings to MERFS, together with any additional information that would facilitate compliance with SAFL.
- provide any information concerning the frozen assets of designated persons that MERFS may request. Information reported to MERFS may be passed on to other regulatory authorities or law enforcement.
7. Failure to comply with sanctions legislation or to seek to circumvent its provisions is a criminal offence.
Further Information
8. Further information on sanctions can be found on the Government of Jersey website and the Jersey Financial Services Commission (JFSC) website.
9. Jersey guidance on the Myanmar sanctions regime is available on JFSC website.
10. Copies of Jersey sanctions legislation, including the Order and SAFL, can be found on the Jersey Legal Information Board website.
11. A copy of the UK Regulations can be obtained from legislation.gov.uk and other relevant information about this regime can be found on gov.uk.
12. A copy of the UK sanctions list can be found here.
13. A copy of the OFSI consolidated list can be found here.
Enquiries
14. Non-media enquiries, suspected breach reports and licence applications should be addressed to:
Head of International Compliance
Office of the Chief Executive
External Relations
sanctions@gov.je
ANNEX TO NOTICE
FINANCIAL SANCTIONS: MYANMAR
ADDITIONS
Entities
1. MYANMAR PEARL ENTERPRISE (MPE)
Address: (1) 90, Kanbe Street, Yankin Township, Yangon, Myanmar. (2) Myanmar Pearl Enterprise, Ministry of Mines, Myanmar Gems Museum, Yazathingha Street, Zabuthri Township, Naypyitaw, Myanmar. Other Information: (UK Sanctions List Ref): MYA0026 (UK Statement of Reasons): The Myanmar military seized power from civilian leaders on 1 February in a coup d’état and established a military junta. Since then all state institutions have come under the control of the State Administration Council (SAC), who oversee the governance and expenditure of ministries. The SAC/military junta undermines democracy and, together with the Myanmar Security Forces, is responsible for the repression of the civilian population. Myanmar Pearl Enterprise is a state-owned enterprise which operates under the Ministry of Natural Resources and Environmental Conservation (MONREC) and provides funding directly to the Ministry of Planning and Finance (MOPF). There are reasonable grounds to suspect that MPE, is under the control of, and/or is associated with, the SAC via its subservient relationship with MONREC. Further or alternatively, there are reasonable grounds to suspect that MPE makes available funds or economic resources, to the SAC/military junta that could contribute to undermining democracy and repressing the civilian population. Further or alternatively MPE is also associated with the military through its leadership. The Managing Director was also appointed as a Deputy Minister in MONREC by the SAC on 11 March. MPE also runs and controls pearl emporiums, and is involved in gems emporiums, which are attended by and benefit the military and their companies. (Phone number): (+95)09429204434 (Email address): panpapalin@gmail.com (Organisation type): Public/State Owned Listed on: 21/06/2021 Last Updated: 21/06/2021
2. MYANMAR TIMBER ENTERPRISE (MTE)
Address: (1) No(72/74), Shawe Dagon Pagoda Road, Dagon Township, Yangon, Myanmar.(2) Gyogone Forest Compound, Bayint Naung Road, Insein Township, Yangon, Myanmar. Other Information: (UK Sanctions List Ref): MYA0025 (UK Statement of Reasons): The Myanmar military seized power from civilian leaders on 1 February in a coup d’état and established a military junta. Since then all state institutions have come under the control of the State Administration Council (SAC), who oversee the governance and expenditure of ministries. The SAC/military junta undermines democracy and, together with the Myanmar Security Forces, is responsible for the repression of the civilian population. Myanmar Timber Enterprise is a state-owned enterprise which operates under the Ministry of Natural Resources and Environmental Conservation (MONREC) and provides funding directly to the Ministry of Planning and Finance (MOPF). There are reasonable grounds to suspect that MTE, is under the control of, and/or is associated with, the SAC via its subservient relationship with MONREC. Further or alternatively, there are reasonable grounds to suspect that MTE makes available funds or economic resources, to the SAC/military junta that could contribute to undermining democracy and repressing the civilian population. (Phone number):01-3528789 (Email address): Johnsb1985@gmail.com (Organisation type): Public/State Owned Listed on: 21/06/2021 Last Updated: 21/06/2021
3. STATE ADMINISTRATION COUNCIL
Address: Naypyitaw, Myanmar. Other Information: (UK Sanctions List Ref): MYA0027 (UK Statement of Reasons): On 1 February 2021 the Myanmar military (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar. As part of the coup, Vice-President Swe declared a state of emergency on 1 February transferring the legislative, executive and judicial powers of the state to Min Aung Hlaing. On 2 February, the Tatmadaw established the State Administration Council (SAC), which is chaired by Hlaing, in order to run the functions of the state. The SAC is responsible for and/or has supported and/or has promoted the undermining of democracy, repression of the civilian population and commission of serious human rights violation in Myanmar. Further or alternatively the SAC is acting at the direction of and/or is associated with Min Aung Hlaing who has been designated under the Global Human Rights (Sanctions) Regulations 2020 and the Myanmar (Sanctions) Regulations 2021 for his commanding responsibility, as Commander-in-Chief of the Tatmadaw, for the atrocities and serious human rights violations committed by the Tatmadaw against the Rohingya population in Rakhine state in 2017 and 2019, and for the serious human rights violations committed by the Myanmar Security Forces since the coup on 1 February. Seven other members of the SAC are serving military officers, all of whom are also designated by the UK under the Myanmar (Sanctions) Regulations 2021. (Organisation type): State Entity Listed on: 21/06/2021 Last Updated: 21/06/2021
Ministry for External Relations
21 June 2021
gov.je