19.4.2021 EN Offi cial Jour nal of the European Union L 132 I/1 II (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) 2021/638 of 19 April 2021 implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma (1), and in particular Article 4i thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: (1) On 2 May 2013, the Council adopted Regulation (EU) No 401/2013. (2) On 22 March 2021, the Council adopted Regulation (EU) 2021/479 (2), which extended the designation criteria to include activities undermining democracy and the rule of law in Myanmar/Burma, as well as the possibility to impose restrictive measures against the economic interests of the Myanmar Armed Forces (Tatmadaw). (3) On 22 March 2021, the Council also adopted Regulation (EU) 2021/480 (3), imposing restrictive measures against 11 persons in response to the military coup carried out on 1 February 2021 and to the serious human rights violations committed since then by the military and police forces in Myanmar/Burma. (4) In view of the continuing grave situation in Myanmar/Burma, ten persons and two entities should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures in Annex IV to Regulation (EU) No 401/2013. (5) Annex IV to Regulation (EU) No 401/2013 should therefore be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 Annex IV to Regulation (EU) No 401/2013 is amended as set out in the Annex to this Regulation. (1) Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in view of the situation in Myanmar/Burma and repealing Regulation (EC) No 194/2008 (OJ L 121, 3.5.2013, p. 1). (2) Council Regulation (EU) 2021/479 of 22 March 2021 amending Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma (OJ L 99 I, 22.3.2021, p. 13). (3) Council Implementing Regulation (EU) 2021/480 of 22 March 2021 implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma (OJ L 99 I, 22.3.2021, p. 15). L 132 I/2 EN Offi cial Jour nal of the European Union 19.4.2021 Article 2 This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 April 2021. For the Council The President A. P. ZACARIAS ANNEX 19.4.2021 Annex IV to Regulation (EU) No 401/2013 is amended as follows: (1) the following heading to the table is added: ‘A. Natural persons referred to in Article 4a’; EN (2) the following natural persons are added: Name Identifying information Reasons Date of listing ‘26. Mahn Nyein Maung Member of State Administrative Mahn Nyein Maung is a member of the State Administrative Council (SAC). 19.4.2021 (a.k.a. P'do, Phado Council; Man Nyein Maung) Offi cial Date of birth: c. 1947; On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Jour Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on Nationality: Myanmar; 8 November 2020 and by overthrowing the democratically elected government. As part of the nal Gender: Male coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on of 1 February and transferred the legislative, executive and judicial powers of the state to the the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government European from fulfilling its mandate. As a member of the SAC, Mahn Nyein Maung has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining Uni democracy and the rule of law in Myanmar/Burma. on Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly. The military forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup. Further, the SAC has imposed martial law in parts of the country allowing the military complete authority over the specified areas, including administrative, judicial and law enforcement functions. In the areas under martial law, civilians, including journalists and peaceful protesters, are prosecuted by military courts, effectively depriving them of the right to due process, including the right to appeal. Violent actions by military and police forces threatening peace, security and stability has increased significantly in areas where martial law has been declared. L As a member of the SAC, Mahn Nyein Maung is directly responsible for those repressive decisions 132 and for serious human rights violations. I/3 L 132 27. Thein Nyunt Member of State Administrative Thein Nyunt is a member of the State Administrative Council (SAC). 19.4.2021 Council; Chairman of New National On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min I/4 Democracy Party (NNDP); Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the Date of birth: 26 December 1944; coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on Place of birth: Kawkareik (Karen State) 1 February and transferred the legislative, executive and judicial powers of the state to the EN Myanmar/Burma; Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government Nationality: Myanmar; from fulfilling its mandate. ID number: 12/THAGAKA(NAING) As a member of the SAC, Thein Nyunt has been directly involved in and responsible for decision 012432; making concerning state functions and is therefore responsible for undermining democracy and Gender: Male the rule of law in Myanmar/Burma. Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including Offi access to information, and peaceful assembly. The military forces and authorities operating under cial the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, Jour including by restricting internet access, and through arbitrary arrests and detention of opposition nal leaders and opponents of the coup. Further, the SAC has imposed martial law in parts of the country allowing the military complete authority over the specified areas, including administrative, of judicial and law enforcement functions. In the areas under martial law, civilians, including the journalists and peaceful protesters, are prosecuted by military courts, effectively depriving them of European the right to due process, including the right to appeal. Violent actions by military and police forces threatening peace, security and stability has increased significantly in areas where martial law has been declared. Uni As a member of the SAC, Thein Nyunt is directly responsible for those repressive decisions and for serious human rights violations. on 28. Khin Maung Swe Member of State Administrative Khin Maung Swe is a member of the State Administrative Council (SAC). 19.4.2021 Council; Chairman of National On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Democratic Force party (NDF); Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the Date of birth: 24 July 1942; coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on Place of birth: Ngathaingchaung, 1 February and transferred the legislative, executive and judicial powers of the state to the Pathein District, Myanmar/Burma; Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate. 19.4.2021 19.4.2021 Nationality: Myanmar; As a member of the SAC, Khin Maung Swe has been directly involved in and responsible for decision-making concerning state functions and is therefore responsible for undermining Gender: Male democracy and the rule of law in Myanmar/Burma. Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including EN access to information, and peaceful assembly. The military forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup. Further, the SAC has imposed martial law in parts of the country allowing the military complete authority over the specified areas, including administrative, judicial and law enforcement functions. In the areas under martial law, civilians, including journalists and peaceful protesters, are prosecuted by military courts, effectively depriving them of the right to due process, including the right to appeal.