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INGO GUIDE to REGISTRATION and Mous

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INGO GUIDE to REGISTRATION and Mous INGO GUIDE TO REGISTRATION AND MOUs INGO Guide to RegistrationPhoto Creditand MOUs : World Concern1 @2018 Myanmar INGO Forum 2 INGO Guide to Registration and MOUs CONTENT 1. Introduction ............................................................................................................ 5 1.1 About this guide 1.2 About the INGO Forum 1.3 Contexts for INGOs in Myanmar 1.4 Peer Support 2. Working with the Myanmar Government ..................................................................... 7 2.1 Government structure 2.2 Ministries of relevance to INGOs 2.3 The 2008 Constitution 2.4 Legal and policy framework for INGO operations – the ARL and the DAP 2.5 A brief history of registration and MoUs 2.6 Introducing Registration and MOUs 3. Registration and MOU – Simplified process maps ......................................................... 14 3.1 Introduction & Pre-Submission Relationship Building 3.2 Recommendation Letters 3.3 Temporary Registration 3.4 Approval Process 3.5 Receive Registration Certificate 3.6 Good practice 4. Registration – Key steps ............................................................................................ 20 4.1 Introduction & Pre-Submission Relationship Building 4.2 Initial Discussions 4.3 Draft MOU 4.4 Supporting documents 4.5 Negotiation 4.6 Approval Process with Other Government Entities 4.7 MoU Signing 4.8 Variation between Government Departments 4.9 Good Practice 5. MOU – Key steps ...................................................................................................... 28 6. Reporting ................................................................................................................ 29 Visas Travel authorizations Taxation 7. Visas, travel authorisations and taxation ..................................................................... 31 INGO Guide to Registration and MOUs 3 4 INGO Guide to Registration and MOUs 1. INTRODUCTION 1.1. About this guide This guide has been produced by the INGO Forum to support INGOs in Myanmar to secure the necessary authorisations from the Myanmar Government to operate, principally through registration and Memoranda of Understanding (MOUs). The regulatory environment for INGOs in Myanmar is changeable, and guides such as this run the risk of being out of date as soon as they are published. Therefore, as well as outline the current laws, policies and procedures associated with registration and securing MOUs, the guide also looks at how INGOs should approach these requirements to ensure success. Whilst the written procedures may change, these advice notes include information about the ‘soft skills’, approaches and behaviours that work best. During May and June of 2018 research was carried out with the following aims: • To describe what factors INGOs need to consider in order to successfully navigate the regulatory operating environment in Myanmar. • To produce a regulatory guide for INGOs considering or embarking upon registration and/or signing a MoU with government. This research comprised a desk-based review of relevant laws and policies; an online survey of INGO Forum members completed in February 2018, and 12 interviews with INGO Country Directors and/or Government liaison leads in June 2018. 1.2. About the INGO Forum The INGO Forum aims to influence the effectiveness and coherence of humanitarian relief and development assistance in Myanmar. We do this by: • Facilitating an enabling environment to support INGO humanitarian and development work • Promoting effective partnerships to enhance coordination and achieve better outcomes • Creating a supportive platform to strengthen the sharing of information, dialogue and debate INGO Forum members are committed to ensuring a better standard of living for all people in Myanmar by tackling poverty and promoting peace and prosperity. Our work is based upon shared common values and principles and is driven by the needs of our 100+ members. 1.3. Contexts for INGOs in Myanmar Myanmar is going through a process of reform and transition. The current operating environment for INGOs in Myanmar is highly dynamic and at times uncertain. For the large part Government is appreciative and welcoming of support from international organisations. However, a history of colonial aggression and exploitation by other countries still features in the narratives of both military and civilian factions within government, and as a result they can be highly sensitive to external criticism and perceived interference in national affairs. In this context, the operations of INGOs are under closer scrutiny than ever before. Most INGOs in Myanmar understand the context well, having been in the country since the humanitarian response to Cyclone Nargis in 2008, or in many cases even earlier. However, against this backdrop, it might only take INGO Guide to Registration and MOUs 5 a relatively minor regulatory infringement from one organisation to cause reputational damage affecting all INGOs. Whilst a full analysis of these factors is beyond the scope of this guide, they nonetheless form the backdrop to all interactions with the Myanmar Government. This guide must not be used as a substitute for careful analysis and regular discussion with peers, to establish the most up-to-date contextual analysis possible before embarking on any engagement with Government. National Laws and Regulations Affecting INGOs1 Relevant national legislation includes the following: • Association Registration Law (2014) • Unlawful Associations Act (India Act XIV, 1908) • The Code of Civil Procedure (1979) • The Electronic Transactions Law (2004) • Burma Official Secrets Act (1923) • The Law Amending the 1962 Printers and Publishers Registration Law (1989) • The Law Amending Income Tax Law (2011) • Section 5 of the Emergency Provision Act (1950) • The Labour Organization Law (2011) • Social Security Law (2012) • Regulations relating to the Right to Peaceful Assembly and Procession (2012) • Law on Peaceful Assembly and Procession (2011) • Law Amending the Code of Civil Procedure (2008) • Guidelines for UN agencies, International Organizations and NGO/INGOs on Cooper- ation Programme in Myanmar (1st version (2006); 2nd version (2011)) • Peaceful Assembly and Peaceful Procession Law (2014) • Telecommunications Law (2013) 1.4. Peer Support It is hoped that this guide will provide a useful introduction to navigating the Myanmar Government’s bureaucracy. However, there is no substitute for reaching out to experienced colleagues and counterparts in other INGOs. In a too-often competitive environment for funding, it is often easy to forget that fundamentally we are all on the same team! The INGO Forum holds a directory of INGO Government Liaison Officers (or their equivalents), to help facilitate informal networks for advice and support. The INGO Forum exists because its members believe that collectively we can be stronger. Remember, then, that it is your Forum, and the Secretariat stands ready to support you. 1 1 http://www.icnl.org/research/monitor/Myanmar.html 6 INGO Guide to Registration and MOUs 2. WORKING WITH THE MYANMAR GOVERNMENT Before embarking on a new relationship with Government, it is advisable to establish a broad working knowledge of its structure and functions. This section provides an overview, and then focuses on some areas of Government of particular relevance to INGOs. 2.1. Government structure Typical of modern democratic governments, the Union Government of Myanmar has its powers separated into the three branches of the judiciary, the executive and the legislature. The diagram below further breaks this down into its constituent parts: 2 There are currently (June, 2018) 25 Ministries3 in the Union Government 2 Aung Naing, 2017. Government Functions and Structures in the Union Republic of Myanmar [presentation]. INGO Forum- monthly meeting 04/09/17. 3 http://www.president-office.gov.mm/en/?q=cabinet/ministries INGO Guide to Registration and MOUs 7 2.2. Ministries of relevance to INGOs At least initially, the most important Government Ministry for an INGO is the Ministry of Home Affairs, which is responsible for registration of international associations. Next comes the relevant ‘line ministry’ – the ministry with whom you have agreed, or intend to agree, a MoU. There are, however, a number of Government entities that are of direct and indirect relevance to INGOs. • The Cabinet. The Cabinet is the highest decision-making body within the Executive and has responsibility for sign-off on concessional loans. The Economic Sub-Committee of the Cabinet has responsibility for signing off all MoUs over US$1million. • Ministry of Home Affairs (MoHA). As well as being the military-led department with responsibility for the country’s surveillance and security apparatus, and most of its administrative capacity, this is the Ministry that handles INGO registration, through the Union Registration Board. • Ministry of Planning & Finance (MoPF). This Ministry’s main interest is the alignment of development assistance, including the activities of INGOs, with the strategies and plans of the Government. It does this primarily through the Development Assistance Coordination Unit (DACU) – a high level committee consisting of mainly MoPF ministers and chaired by the State Counsellor. The DACU secretariat is provided by the Foreign Economic Relations Division (FERD) of MoPF, with whom the INGO Forum maintains a working relationship. The MoPF and FERD also play a role in developing strategies for the economic and social development of Myanmar,
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