Australia's autonomous sanctions: Myanmar
On 7 June 2012 Senator the Hon Bob Carr, Minister for Foreign Affairs, announced that Australia would lift its remaining targeted travel and financial sanctions for Myanmar to encourage further democratic reform. The lifting of these sanctions came into effect on 3 July 2012 with the commencement of the Autonomous Sanctions (Designated and Declared Persons – Burma) Revocation 2012 (No. 1).
The Minister retains the capacity to re-impose targeted travel and financial sanctions in relation to Myanmar under the Autonomous Sanctions Regulations 2011 if required.
Australia’s arms embargo against Myanmar remains in place. As a consequence, Australian law currently prohibits:
1. The supply, sale or transfer to Myanmar of arms and related materiel
- Autonomous Sanctions Regulations 2011, regulations 4 and 12
- Customs (Prohibited Exports) Regulations 1958, regulation 11
2. The provision of technical advice, assistance or training, a financial service or financial or other assistance to Myanmar, related to
- military activities or
- an activity involving the supply, sale, transfer, manufacture, maintenance or use of an export sanctioned good for Myanmar
Autonomous Sanctions Regulations 2011, regulations 5 and 13
Individuals and companies doing business with Myanmar should be aware that individuals and companies with close ties to the military, continue to exercise influence across many sectors of the economy, including – but not limited to – the oil, gas and timber sectors. Australians involved in or considering doing business with Myanmar should familiarise themselves with the scope of the arms embargo under the Autonomous Sanctions Regulations 2011 which prohibits the supply, sale or transfer of arms and related materiel and the provision of related services to Myanmar, including the Myanmar military and military-affiliated companies. They should conduct appropriate due diligence, exercise all reasonable precautions about who they are doing business with and, where necessary, obtain independent legal advice.