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B COUNCIL COMMON POSITION 2006/318/CFSP of 27 April 2006 Renewing Restrictive Measures Against Burma/Myanmar

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B COUNCIL COMMON POSITION 2006/318/CFSP of 27 April 2006 Renewing Restrictive Measures Against Burma/Myanmar 2006E0318 — EN — 29.04.2008 — 003.001 — 1 This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents ►B COUNCIL COMMON POSITION 2006/318/CFSP of 27 April 2006 renewing restrictive measures against Burma/Myanmar (OJ L 116, 29.4.2006, p. 77) Amended by: Official Journal No page date ►M1 Council Common Position 2007/248/CFSP of 23 April 2007 L 107 8 25.4.2007 ►M2 Council Common Position 2007/750/CFSP of 19 November 2007 L 308 1 24.11.2007 ►M3 Council Common Position 2008/349/CFSP of 29 April 2008 L 116 57 30.4.2008 2006E0318 — EN — 29.04.2008 — 003.001 — 2 ▼B COUNCIL COMMON POSITION 2006/318/CFSP of 27 April 2006 renewing restrictive measures against Burma/Myanmar THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 15 thereof, Whereas: (1) On 26 April 2004, the Council adopted Common Position 2004/423/CFSP renewing restrictive measures against Burma/ Myanmar (1). These measures replaced the measures imposed by Common Position 2003/297/CFSP (2), which had replaced the restrictive measures initially adopted in 1996 (3). (2) On 25 April 2005, the Council adopted Common Position 2005/340/CFSP extending restrictive measures against Burma/ Myanmar (4). These measures expire on 25 April 2006. (3) In view of the current political situation in Burma/Myanmar, as witnessed by: — the failure of the military authorities to enter into substantive discussions with the democratic movement concerning a process leading to national reconciliation, respect for human rights and democracy, — the failure to allow a genuine and open National Convention, — the continuing detention of Daw Aung San Suu Kyi, other members of the National League for Democracy (NLD) and other political detainees, — the continued harassment of the NLD and other organised political movements, — the continuing serious violations of human rights, including the failure to take action to eradicate the use of forced labour in accordance with the recommendations of the International Labour Organisation's High-Level Team report of 2001 and recommendations and proposals of subsequent ILO Missions; and — recent developments such as increasing restrictions on the operation of international organisations and non-governmental organisations, the Council considers it fully justified to maintain the restrictive measures against the military regime in Burma/Myanmar, those who benefit most from its misrule, and those who actively frustrate the process of national reconciliation, respect for human rights and democracy. (4) Accordingly the scope of the visa ban and assets freeze should be maintained to include members of the military regime, the military and security forces, the military regime's economic interests and other individuals, groups, undertakings or entities associated with the military regime who formulate, implement (1) OJ L 125, 28.4.2004, p. 61. Common Position as last amended by Common Position 2005/340/CFSP (OJ L 108, 29.4.2005, p. 88). (2) OJ L 106, 29.4.2003, p. 36. Common Position as last amended by Council Decision 2003/907/CFSP (OJ L 340, 24.12.2003, p. 81). (3) Common Position 96/635/CFSP (OJ L 287, 8.11.1996, p. 1). Common Position as last amended by Common Position 2002/831/CFSP (OJ L 285, 23.10.2002, p. 7). (4) OJ L 108, 29.4.2005, p. 88. 2006E0318 — EN — 29.04.2008 — 003.001 — 3 ▼B or benefit from policies that impede Burma/Myanmar's transition to democracy, and their families and associates. (5) The scope of these measures should also continue to include a prohibition on making financial loans or credits available to, and on acquiring or extending a participation in, Burmese state-owned enterprises. (6) The Council considers that, although certain measures imposed by this Common Position are directed at persons associated with the Burmese/Myanmar regime and members of their families, children under 18 should not, in principle, be targeted. (7) The implementation of the ban on high level visits at the level of Political Director and above should be maintained without prejudice to cases where the European Union decides that the visit is directly in pursuit of national reconciliation, respect for human rights and democracy in Burma/Myanmar. (8) In the event of a substantial improvement in the overall political situation in Burma/Myanmar, the suspension of these restrictive measures and a gradual resumption of cooperation with Burma/ Myanmar will be considered, after the Council has assessed developments. (9) Action by the Community is needed in order to implement certain measures, HAS ADOPTED THIS COMMON POSITION: Article 1 1. The sale, supply, transfer or export of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforemen- tioned, as well as equipment which might be used for internal repression, to Burma/Myanmar by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft shall be prohibited whether originating or not in their territories. 2. It shall be prohibited: (a) to provide technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the afore- mentioned, as well as equipment which might be used for internal repression, directly or indirectly to any natural or legal person, entity or body in, or for use in Burma/Myanmar; (b) to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance for any sale, supply, transfer or export of arms and related materiel, as well as equipment which might be used for internal repression, or for the provision of related technical assistance, brokering and other services directly or indirectly to any person, entity or body in, or for use in Burma/Myanmar; (c) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in points (a) or (b). Article 2 1. Article 1 shall not apply to: (a) the sale, supply, transfer or export of non-lethal military equipment, or of equipment which might be used for internal repression, 2006E0318 — EN — 29.04.2008 — 003.001 — 4 ▼B intended solely for humanitarian or protective use, or for institution- building programmes of the UN, the EU and the Community, or of materiel intended for EU and UN crisis management operations; (b) the sale, supply, transfer or export of demining equipment and materiel for use in demining operations; (c) the provision of financing and financial assistance related to such equipment or to such programmes and operations; (d) the provision of technical assistance related to such equipment or to such programmes and operations, on condition that such exports have been approved in advance by the relevant competent authority. 2. Article 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Burma/Myanmar by UN personnel, personnel of the EU, the Community or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only. ▼M2 Article 2a 1. The sale, supply, transfer or export of relevant equipment and technology destined for enterprises in Burma/Myanmar that are engaged in the following industries, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States shall be prohibited whether or not originating in their territories: (a) logging and timber processing; (b) mining of gold, tin, iron, copper, tungsten, silver, coal, lead, manganese, nickel and zinc; (c) mining and processing of precious and semi-precious stones, including diamonds, rubies, sapphires, jade and emeralds. 2. It shall be prohibited to: (a) provide technical assistance or training related to relevant equipment and technology destined for enterprises in Burma/Myanmar that are engaged in the industries referred to in paragraph 1; (b) provide financing or financial assistance for any sale, supply, transfer or export of relevant equipment and technology destined for the enterprises in Burma/Myanmar listed in Annex I, that are engaged in the industries referred to in paragraph 1, or for the provision of related technical assistance or training. Article 2b The purchase, import or transport from Burma/Myanmar into the Community, of the following products shall be prohibited: (a) round logs, timber and timber products; (b) gold, tin, iron, copper, tungsten, silver, coal, lead, manganese, nickel and zinc; (c) precious and semi-precious stones, including diamonds, rubies, sapphires, jade and emeralds. Article 2c The following shall be prohibited: 2006E0318 — EN — 29.04.2008 — 003.001 — 5 ▼M2 (a) the granting of any financial loan or credit to the enterprises in Burma/Myanmar, as listed in Annex I, that are engaged in the industries referred to in Article 2a(1); (b) the acquisition or extension of a participation in the enterprises in Burma/Myanmar, as listed in Annex I, that are engaged in the industries referred to in Article 2a(1), including the acquisition in full of such enterprises and the acquisition of shares and securities of a participating nature; (c) the creation of any joint venture with the enterprises in Burma/ Myanmar, as listed in Annex I, that are engaged in the industries referred to in Article 2a(1) and with any subsidiary or affiliate under their control. Article 2d 1. The prohibition in Articles 2a(1) and 2b shall be without prejudice to the execution of an obligation arising from contracts relating to goods which were in the course of shipment before 19 November 2007.
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