Sanctions regimes
Download for quick reference
Snapshot: Myanmar sanctions regime [PDF 194 KB]
Why are sanctions imposed?
Australia first imposed targeted sanctions on Myanmar in response to the Myanmar Government’s failure to recognise the victory of the National League for Democracy in the 1990 Myanmar elections. In 2012, Australia lifted some sanctions measures after the Government of President Thein Sein initiated democratic reforms. However, Australia retained an arms embargo due to concerns about ongoing armed conflict, weapons proliferation and human rights abuses.
In October 2018, Australia imposed new targeted financial sanctions and travel bans on members of the Myanmar military (Tatmadaw). This was in response to the report of the UN Fact-Finding Mission on Myanmar, which documented human rights abuses committed primarily by Myanmar's military against ethnic minorities, including Rohingya.
On 1 February 2023, Australia imposed additional targeted financial sanctions and travel bans on individuals responsible for the 2021 coup d’état and for human rights abuses in Myanmar, as well as sanctions on two military-owned holding companies.
On 1 February 2024, Australia imposed further targeted sanctions on five entities in Myanmar, designed to limit the regime’s access to the funds and military matériel that enable it to continue to commit atrocities against its own people.
What is prohibited by the Myanmar sanctions regime?
The Myanmar sanctions regime imposes the following sanctions measures:
| Measure | UNSC | Autonomous |
|---|---|---|
| restrictions on supplying arms or related matériel | ✓ | |
| restrictions on the provision of certain services | ✓ | |
| restrictions on providing assets to designated persons or entities | ✓ | |
| restrictions on dealing with the assets of designated persons or entities | ✓ | |
| travel bans on declared persons | ✓ |
Restrictions on supplying arms or related matériel, and related services
The Myanmar sanctions regime imposes an arms embargo. It is prohibited to:
- directly or indirectly supply, sell or transfer arms or related matériel to Myanmar
- provide a service if it relates to the supply of arms or related matériel to Myanmar
- provide a service to Myanmar, or for use in Myanmar, if it relates to the manufacture, maintenance or use of arms or related matériel.
Arms or related matériel includes, but is not limited to, weapons, ammunition, military vehicles and equipment, and spare parts and accessories for any of those things. It also includes paramilitary equipment. While each case will be considered individually, goods on the Defence and Strategic Goods List are likely to be considered arms or related matériel. Depending on the context, end user and end use, other goods may also be considered arms or related matériel. Go to Factsheet: Arms or Related Matériel for information on what to consider when assessing whether a good is arms or related matériel.
Restrictions on providing assets to designated persons or entities
It is prohibited to directly or indirectly make an asset available to (or for the benefit of) a designated person or entity.
Restrictions on dealing with the assets of designated persons or entities (requirement to freeze assets)
It is prohibited to use or deal with an asset, or allow or facilitate another person to use or deal with an asset owned or controlled by a designated person or entity (the assets are ‘frozen’ and cannot be used or dealt with). The prohibition on ‘dealing’ with assets includes using, selling or moving assets. ‘An 'asset' includes an asset or property of any kind, whether tangible or intangible, movable or immovable.
Go to the Consolidated List to search the names of designated persons and entities.
If you become aware that you are holding an asset of a designated person or entity, you are required to freeze (hold) that asset and notify the AFP as soon as possible. Go to What You Need to Do for more information.
Sanctions Permits
The Minister for Foreign Affairs may grant a sanctions permit to allow an activity that would otherwise be prohibited under these regimes provided the activity meets specific criteria.
The table below provides a general guide to relevant criteria. You should get your own legal advice if you think your proposed activity is affected by sanctions and may meet the criteria for a permit. Go to Sanctions Permits for information on permits, including how to apply.
| Measure | Criteria | Reference |
|---|---|---|
| Restrictions on supplying arms or related matériel | The Foreign Minister is satisfied that it would be in the national interest to grant a permit. |
Regulations 4, 12 and 18 of the Autonomous Sanctions Regulations 2011 Regulations 11 of the Customs (Prohibited Exports) Regulations 1958 |
| Restrictions on the provision of certain services | The Foreign Minister is satisfied that it would be in the national interest to grant a permit. | Regulations 5, 13 and 18 of the Autonomous Sanctions Regulations 2011 |
| Restrictions on dealing with the assets of designated persons or entities |
The Foreign Minister is satisfied that it would be in the national interest to grant a permit andthe activity is a:
|
Regulations 6, 14, 15, 18 and 20 of the Autonomous Sanctions Regulations 2011 Autonomous Sanctions (Designated and Declared Persons – Myanmar) List 2018 Regulations 11A and 11B of the Customs (Prohibited Exports) Regulations |
Relevant legislation
The relevant legislation for the Myanmar sanctions regime includes the following:
- Autonomous Sanctions Act 2011
- Autonomous Sanctions Regulations 2011
- Autonomous Sanctions (Designated and Declared Persons – Myanmar) List 2018
- Customs (Prohibited Exports) Regulations 1958