U.S. businesses will soon be able to invest in Burma and provide
financial services for the first time since the United States
implemented sanctions against the country fifteen years ago.
Secretary of State Clinton announced the United States'
"suspension" of the sanctions program during a joint
press conference with Burmese Foreign Minister, Wunna Maung Lwin,
in Washington on May 17, 2012.
The United States initiated its sanctions program in 1997 in
response to the Government of Burma's large-scale repression of
democratic opposition. Current U.S. sanctions against Burma are
implemented through the Burmese Sanctions Regulations
("BSR") (31 C.F.R. Part 537), administered by the U.S.
Treasury Department's Office of Foreign Assets Controls
("OFAC"). Initially limited to a prohibition against U.S.
persons' "new investment" in, or facilitation of new
investments in Burma, the sanctions were expanded through a series
of subsequent Executive Orders and Acts. Today, in addition to
these original prohibitions, the BSR include a total restriction on
the importation of Burmese products, as well as the exportation or
reexportation to Burma of "financial services" from the
United States or by U.S. persons, wherever located.
Pursuant to Secretary Clinton's remarks, OFAC will amend the
BSR to include a General License (a type of blanket authorization
under which no specific authorization from OFAC is required)
"that will enable American businesses to invest across the
economy, [and] allow [Burmese] citizens access to international
credit markets and dollar-based transactions." The general
license will cover all sectors of the economy. Secretary Clinton
specifically noted that upon issuance of the general license,
American oil and gas companies, mining companies, and financial
services companies will "be free to look for investments"
in the country.
This step is the latest in the Obama Administration's efforts
to ease U.S. sanctions against Burma in recognition of the
Government's progress toward "democratization and national
reconciliation." OFAC issued a General License on April 17,
2012 granting blanket authorization for certain financial
transactions in support of humanitarian, religious and other
not-for-profit activities in Burma.
Nevertheless, Secretary Clinton underscored the United States'
measured approach with respect to Burma. Secretary Clinton
emphasized that the United States will be keeping relevant laws
"on the books as an insurance policy," thereby providing
the United States with the flexibility to tighten sanctions again
as may be warranted should recent Burmese democratic reforms
recede. Similarly, in recognition of reported corruption and human
rights abuses committed by the Burmese military and the companies
owned and operated by the military, the United States will continue
to designate such person(s) on OFAC's "Specially
Designated Nationals" list of restricted end-users. These
individuals and entities will remain ineligible to receive any U.S.
financial services or new investment. Additionally, the U.S. will
maintain the arms embargo against Burma currently implemented by
the U.S. Department of State.
The United States' announcement follows a similar move by the
European Union and the United Kingdom in April of this year. Both
officially announced a "suspension" of the majority of
their sanctions against Burma/Myanmar for one year – with
the exception of the comprehensive arms embargo. E.U. officials
also publicly emphasized that the move constituted a
"suspension" and not a "lifting" of the
sanctions, and that the E.U. will continue to closely monitor
developments in the country over the year and reassess as
necessary.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.