Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

On 22 April 2013, the Council adopted Decision 2013/184/CFSP^f1 concerning restrictive measures against Myanmar/Burma.

On 26 February 2018, the Council adopted conclusions condemning the ongoing widespread, systematic grave human rights violations committed by the Myanmar/Burma military and security forces and calling on the Government of Myanmar/Burma and the security forces to ensure that security, the rule of law and accountability prevail in Rakhine, Kachin and Shan States. The conclusions confirmed the relevance of the existing embargo on arms and equipment which can be used for internal repression and endorsed the renewal of these restrictive measures. It also called for concrete options for the strengthening of the current embargo and for proposals for targeted restrictive measures against senior military officers of the Myanmar armed forces (Tatmadaw) responsible for serious and systematic human rights violations.

In this context it is appropriate to impose further restrictive measures on Myanmar/Burma in the form of a prohibition on the export of dual-use goods for military and Border Guard Police end users, restrictions on the export of equipment for monitoring communications that might be used for internal repression, and on military training and military cooperation.

Furthermore, targeted restrictive measures should be imposed against certain natural persons from the Myanmar Armed Forces (Tatmadaw) and the Border Guard Police responsible for serious human rights violations, for example for inciting violence, for discrimination and violence against persons belonging to minorities in Rakhine and for obstructing the voluntary and safe return process of displaced persons from Rakhine State to their place of origin, as well as against persons, entities or bodies associated with them. Targeted restrictive measures should also be imposed against certain natural persons from the Myanmar Armed Forces (Tatmadaw) and the Border Guard Police responsible for obstructing the provision of humanitarian assistance to civilians in need or responsible for obstructing the conduct of independent investigations into alleged serious human rights violations or abuses, as well as against persons, entities or bodies associated with them.

The passage of humanitarian assistance for civilians in need, subject to control by the parties to the conflict and in accordance with international humanitarian law, should not be impeded. It is thus appropriate to apply restrictions on natural persons from the Myanmar Armed Forces (Tatmadaw) responsible for obstructing the rapid and unimpeded passage of humanitarian assistance for civilians in need. Such restrictions should not unduly affect the delivery of humanitarian assistance and should be applied in full consideration of human rights law and of the applicable rules of international humanitarian law.

Decision 2013/184/CFSP should be amended accordingly.

Further action by the Union is needed in order to implement certain measures,

HAS ADOPTED THIS DECISION: