Myanmar

Australia imposes an autonomous sanctions regime in relation to Myanmar.

This page summarises the current sanctions measures imposed by the autonomous sanctions regime in relation to Myanmar, which consist of:

This page also includes useful links.

The Australian Government first imposed the autonomous sanctions regime in 1991 in response to the Myanmar Government's failure to recognise the victory of the National League for Democracy in the elections in Myanmar in 1990. The autonomous sanctions regime imposed an arms embargo and travel bans. Targeted financial sanctions were imposed in 2007 in response to the military regime's repression of the 'Saffron Revolution'.

In response to democratic reforms initiated by the government of President Thein Sein, the Australian Government lifted the targeted financial sanctions and travel bans in July 2012.

In October 2018, the Minister for Foreign Affairs imposed new targeted financial sanctions and travel bans on members of the Myanmar military (Tatmadaw), in response to the release of the full report of the UN Fact-Finding Mission on Myanmar, which documented human rights abuses committed primarily by Myanmar's military against ethnic minorities.

Australia continues to maintain an arms embargo and restrictions on the export or provision of services to Myanmar, due to ongoing concerns about armed conflict, weapons proliferation and human rights.

Australians doing business in Myanmar should be aware that individuals and companies with close ties to the Myanmar Government and military continue to exercise influence across many sectors of the economy, including, but not limited to the oil, gas and timber sectors.

Restrictions on the export or supply of goods

Australian law prohibits the direct or indirect supply, sale or transfer to Myanmar, for use in Myanmar, or for the benefit of Myanmar, of the following ‘export sanctioned goods':

without a sanctions permit.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may grant a sanctions permit authorising an activity that would otherwise contravene this prohibition if the Minister is satisfied that it would be in the national interest to do so.

If you assess that your activity satisfies this condition, you may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

Implementing legislation

Restrictions on the export or provision of services

  1. Australian law prohibits the provision to any person of:
    • technical advice, assistance or training; or
    • financial assistance; or
    • a financial service; or
    • another service;

    if it assists with, or is provided in relation to:

    • the direct or indirect supply, sale or transfer of arms or related matériel to Myanmar, for use in Myanmar, or for the benefit of Myanmar

    without a sanctions permit.

  2. Australian law also prohibits the provision to Myanmar, or to a person for use in Myanmar, of:
    • technical advice, assistance or training; or
    • financial assistance; or
    • a financial service; or
    • another service;

    if it assists with, or is provided in relation to:

    • the manufacture, maintenance or use of arms or related matériel

    without a sanctions permit.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may grant a sanctions permit authorising an activity that would otherwise contravene these prohibitions if the Minister is satisfied that it would be in the national interest to do so.

If you assess that your activity satisfies this condition, you may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

Implementing legislation

Targeted financial sanctions

Australian law prohibits:

  • the use of or dealing with an asset that is owned or controlled by a 'designated person or entity' for Myanmar; and
  • making an asset available directly or indirectly to, or for the benefit of, a 'designated person or entity' for Myanmar

without a sanctions permit.

An 'asset' is defined broadly to include an asset or property of any kind, whether tangible or intangible, movable or immovable.

The Consolidated List includes the names of all designated persons and entities.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may grant a sanctions permit authorising an activity that would contravene these prohibitions if:

  • the Minister is satisfied that it would be in the national interest to do so; and
  • the application for the sanctions permit is for 'a basic expense dealing', a 'legally required dealing', or a 'contractual dealing' as those terms are defined in regulation 20 of the Autonomous Sanctions Regulations 2011.

If you assess that your activity satisfies these conditions, you may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

Implementing legislation

Travel bans

Australian law prohibits a 'declared person' for Myanmar from travelling to, entering or remaining in Australia unless the Minister for Foreign Affairs waives this prohibition.

The Consolidated List includes the names of all declared persons.

Conditions for the waiver of a travel ban

The Minister for Foreign Affairs may waive this prohibition only:

  • on the grounds that it would be in the national interest; or
  • on humanitarian grounds.

Implementing legislation

De-listing requests from a designated person or entity

A person or entity designated or declared for the purposes of the Australian autonomous sanctions regime in relation to Myanmar may submit a de-listing request to the Minister for Foreign Affairs under regulation 11 of the Autonomous Sanctions Regulations 2011.

Last Updated: 8 October 2018