A Tool Of Revolution

CHAPTER VIII TERMINATION OF SANCTIONS
20. The sanctions imposed under this Act shall apply until the Committee determines and certifies to the State Peace and Development Council and/or the Government of Union of Myanmar that all sanctions and embargoes against Union of Myanmar and its entities have been removed.
CHAPTER IX MISCELLANEOUS
21. Rule of Construction: Nothing in this section may be construed to prohibit any contract or other financial transaction with any entities engaged in the humanitarian and developmental efforts in Union of Myanmar.
22. REGULATORY EXCEPTIONS
For the following purposes, the Minister of Foreign Affairs may, by regulation, authorize exceptions to the prohibition and restrictions described in subsection (a), and the Minister of Home Affairs may, by regulation, authorize exceptions to the executions of penalties under this Act -
(a) to permit the other countries and Myanmar to operate their diplomatic missions, and to permit Union of Myanmar to conduct other official Government business at home and abroad.

FREEZING OF FUNDS AND ECONOMIC RESOURCES
18. All funds and economic resources belonging to, owned, held or controlled by persons listed in Chapter V shall be frozen;
(a) No payment or transfer may be made from a frozen account, including to another frozen account, without prior authorization. This includes the deduction of fees or service charges for routine holding or maintenance of frozen accounts. Loans and other forms of credit should not be made available to those listed in Chapter V.

(b) Under the Act, interest or other earnings on frozen accounts or payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to financial sanctions may be added to frozen accounts provided that any such interest, other earnings or payments continue to be frozen.

19. The prohibition against making funds or economic resources available does not prevent the crediting of frozen accounts by financial or credit institutions that receive funds transferred by third parties to the frozen account of the listed person provided that any additions to such accounts are also frozen. Financial institutions are required to inform the Committee of any such transactions without delay.
(d) Interest, other payments and credits

20. The Committee is able to authorize the release of certain frozen funds or economic resources or the making available of certain frozen funds or economic resources, if they have determined that the funds or economic resources concerned are:

a) necessary to cover the basic expenses of those listed in subsection (a) (1) and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

b) intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;

c) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources;

d) necessary for extraordinary expenses.
Chapter VII (PROVISION OF INFORMATION)
19. The responsible persons of the banks, financial institutions and relevant departments shall, notwithstanding anything contained in existing laws in respect of bank secrecy, check and report to the Committee within 120 days of the enactment of this Act and without delay in the future
(a) whether they maintain any accounts or otherwise hold any funds for the individuals and entities listed in Chapter [ ] and,

(b) if so they should report to the Committee details of all funds or economic resources that they have frozen in accordance with this Act.

(c) They must also provide the Committee with all relevant information necessary for ensuring compliance with this Act.

CHAPTER VI (OFFENCES AND PENALTIES)
10. Whoever commits any of the acts prohibited in the Chapter IV of this Act shall, on determination, be punished with any or any combination of the following penalties -
VISA BAN
11. IN GENERAL any foreign PERSONS listed in Chapter [ ] shall be ineligible for a visa to travel to Union of Myanmar.
(a) WAIVER The Government of Union of Myanmar may waive the visa ban described in paragraph (1) only if the Government of Union of Myanmar determines and certifies in writing to the State Peace and Development Council that travel by the person seeking such a waiver is in the national interests of Union of Myanmar.
FINANCIAL SANCTIONS
12. FREEZING PROPERTY No property or interest in property belonging to a person described in Chapter V may be transferred, paid, exported, withdrawn, or otherwise dealt with if found in violation of the activities prohibited under this Act.
13. Any property located in Union of Myanmar or within the possession or control of a Myanmar person, including the overseas branch of a Myanmar person shall be frozen; or
14. the property comes into the possession or control of a Myanmar person after the date of the enactment of this Act shall be frozen.
15. No granting of any financial loan or credit to persons listed in Chapter V or enterprises that are owned or controlled by persons listed in Chapter V.
FINANCIAL TRANSACTIONS
16. Except with respect to transactions authorized explicitly under the existing laws and regulations of Union of Myanmar, no Myanmar person may engage in a financial transaction with a person described in subsection (a) (1).
17. IN GENERAL the prohibitions and restrictions described in subsections above shall not apply to medicine, medical equipment or supplies, food or feed, or any other form of humanitarian and developmental assistance provided to Myanmar.

CHAPTER IV: PROHIBITED ACTIVITIES
8. The following activities and speeches are prohibited under this Act:-
(a) any activities or speeches calling for or leading to the imposition of foreign sanctions and trade embargoes against Union of Myanmar or its entities.
(b) Provision of any financial, material, logistical, or technical support for enactment of foreign sanctions and trade embargoes against Union of Myanmar or its entities.
(c) Any transaction by a Myanmar person or within the Union of Myanmar that evades or avoids, has the purpose of evading or avoiding, or attempts to violate any of the prohibitions and penalties set forth in this Act.
(d) Any conspiracy formed to violate any of the prohibitions set forth in this Act.
(e) the participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the activities referred above.
Chapter V (LIST OF SANCTIONED PERSONS)
9. Not later than 120 days after the date of the enactment of this Act, the Committee shall transmit to the State Peace and Development Council, the Government of Union of Myanmar and appropriate ministries and Myanmar missions abroad a list of persons found in violation of activities and speeches prohibited in Chapter IV of this Act -
(a) Any government leaders and law makers who signed the bills into laws that imposed sanctions and trade embargoes against Union of Myanmar and its entities;
i. Former and present heads of states and heads of governments who signed the bills into laws that imposed sanctions and trade embargoes against Union of Myanmar and its entities;
ii. Former and present lawmakers who sponsored and co-sponsored the bills and laws that imposed sanctions and trade embargoes against Union of Myanmar and its entities;
(b) Persons involved in and calling for the sanctions and trade embargoes against Union of Myanmar and its entities;
(c) Any other persons who provide substantial economic and political support for imposition of sanctions and trade embargoes against Union of Myanmar and its entities;
(d) Any other persons the Committee determines effectively controls property in Union of Myanmar or has benefited from activities leading to the imposition of sanctions and trade embargoes against Union of Myanmar or its entities;
(e) The immediate family members of any person described in subparagraphs (a) through (d)
(f) any person found in violation of the prohibited activities under the sessions c to e of Section 8 under this Act.

CHAPTER II (OBJECTIVES)
4. The objectives of this Act are as follows:-
(a) to end the enactment of foreign sanctions and embargoes against Union of Myanmar and its entities;
(b) to prevent the enactment of further sanctions and embargoes against Union of Myanmar and its entities;
(c) to enable taking of effective action against PERSONS responsible for the foreign sanctions and embargoes against Union of Myanmar and its entities and hold them accountable for their actions;
(d) to identify individuals responsible for the foreign sanctions and embargoes against Union of Myanmar and hold them accountable for their actions;
(e) to condemn the sanctions and embargoes against Union of Myanmar and its entities;
(f) to discourage Myanmar Persons from being involved in or calling for sanctions and embargo against Union of Myanmar and its entities.
CHAPTER III (FORMATION OF THE CENTRAL COMMITTEE AND DUTIES AND POWERS THEREOF)
5. The Government shall form the Central Committee against Foreign Sanctions and Embargoes against Union of Myanmar and its Entities comprising the following persons:-
(a) Minister of Ministry of Home Affairs as Chairman
(b) Minister of Ministry of Finance and Revenue as Deputy Chairman
(c) Deputy Ministers of relevant Ministries as members
(d) Deputy Attorney General as Member
(e) Deputy Governor of the Central Bank of Myanmar as member
(f) Director General of Department of Settlements and Land Records as member
(g) Director General of Department of Housing and Urban Development as member
(h) Director General of Bureau of Special Investigation as Secretary
(i) Director General of Department of Political Affairs, Ministry of Foreign Affairs as Joint Secretary
6. The duties of the Central Committee are as follows:-
(a) laying down the policies to achieve the objectives set forth in the Chapter II of this Act.
(b) supervising and directing in taking action against the sanctioned persons under this Act;
(c) directing an Investigation Body to identify PERSONS in violation of prohibitions under this Act;
(d) directing the Preliminary Scrutiny Body to scrutinize the report of findings submitted by the Investigation Body;
(e) guiding and supervising the relevant government departments and organizations so that banks, financial institutions and economic enterprises may carry out the penalties imposed on the PERSONS determined by the Committee as violating the activities prohibited under this Act;
(f) submitting the report of its activities to the Government in accordance with the stipulations.
(g) transmitting to the State Peace and Development Council, the Government of Union of Myanmar and appropriate ministries and Myanmar missions abroad a list of sanctioned persons under this Act

2008 Anti-Foreign-Sanctions Act of Union of Myanmar

The State Peace and Development Council might have to enact the following Act sooner or later if there is no prospect for the end of the continued efforts to enact sanctions and embargo against the Union of Myanmar and its entities.
CHAPTER I (TITLE, JURISDICTION AND DEFINITIONS)
(1) This Act shall be called ``2008 Anti-Foreign-Sanctions Act of Union of Myanmar. ''
(2) This Law shall have jurisdiction on any person who commits any offence cognizable under this Law in the territory of the Union of Myanmar, or on Myanmar citizen or any person residing permanently in the Union of Myanmar who commits the said offence outside the country, or on any person who commits the activities prohibited under this Act.
(3) The following expressions contained in this Act shall have the meanings given hereunder:-
(a) The term OFFENCE means an act of engaging in activities or speeches mentioned in Chapter V of this Act.
(b) The term the COMMITTEE means the Central Committee against Foreign Sanctions and Embargos against Union of Myanmar and its Entities formed under this Act: The 2008 Anti-Foreign-Sanctions Act of Union of Myanmar.
(c) Property means movable or immovable property in any form, being corporeal or incorporeal and tangible or intangible. This expression also includes profits, rights and titles pertinent to property.
(d) The term PERSON means
(i) an individual, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group; and
(ii) any successor, subunit, or subsidiary of any person described in subparagraph (i).
(e) The term MYANMAR PERSON means any Myanmar citizen, permanent resident alien, juridical person organized under the laws of Union of Myanmar (including foreign branches), or any person in Union of Myanmar.
(f) The term IMMEDIATE FAMILY means parents, step-parents, grandparents, siblings, spouses, children, step-children and grandchildren of the Person in session (d)
(g) The term MYANMAR ENTITIES means any an individual, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group legally registered in accordance with the laws of Union of Myanmar.
(h) In this context ???freezing of funds and property??? means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management.

(i) In this context ???freezing of economic resources??? means preventing their use to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them.