By Elizabeth Gibson
After half a century of isolation under military
rule, there have, of course, been challenges in reopening Myanmar’s economy to
foreign investment. The easing back of one of the United States’ most stringent
sanctions regimes does not necessarily mean investment in Myanmar is going to
be simple.
Reporting
requirements for investors interested in Myanmar aside,
one of the early challenges appears to be getting financial services in Myanmar.
Despite the lifting of general sanctions and the elimination of sanctions
against some key politicians, Myanmar’s banks are still on the Treasury Department’s
blacklist.
President Obama and the State Department announced
this past May that some Myanmar
sanctions would be lifted in recognition of the Myanmar
government’s reform efforts, but that does not mean Myanmar, formerly Burma, is
starting with a clean slate.
“Burma has made important strides, but
the political opening is nascent, and we continue to have concerns, including
remaining political prisoners, ongoing conflict and serious human rights abuses
in ethnic areas,” Obama said in May, noting that sanctions would not be fully
lifted.
When the implementation of the changes began in July,
the U.S. government once again made
it clear that, outside of the new exemptions, U.S. entities
are still barred from transactions with persons and entities in Myanmar on the
Specially Designated Nationals (SDN) list or entities owned 50 percent by
someone on that list. Furthermore, each time the United States eases sanctions,
it tends to also designate new businesses to keep some limitations in place.
The Treasury Department’s Office of Foreign Assets
Control has issued a general
license allowing U.S. financial services to be exported to
Burma and another
general license authorizing investment, but non-governmental
organizations and businesses interested in Myanmar have expressed frustration
that it is still difficult to do work if they cannot open accounts at banks in
Myanmar.
The general licenses and accompanying regulations
(31 C.F.R. 537) essentially permit eligible entities to
the transfer funds through designated banks in Myanmar, but it does not
authorize other services, such as a U.S. person opening a checking account at a
designated bank.
The problem with opening a checking account in Myanmar was raised by
businesses during a meeting of the Department of State’s Advisory Committee on International Economic Policy in November. Peter Harrell, the Deputy Assistant Secretary of State for Threat
Finance and Economic Sanctions Policy, stated that the department was looking
into the issue.
John-Marshall Klein, a foreign affairs officer with the Office
of Terrorism Finance and Economic Sanctions Policy, said temporary guidance was
being provided on a case-by-case basis to assist businesses and
non-governmental organizations in the interim.
Myanmar’s banks also have been working
to get ready for investment, but some of Myanmar’s
banks have gone out of business over the years as a result of the sanctions
program. For example, the Treasury Department lifted
sanctions in September from Myanmar Mayflower Bank and Asia Wealth Bank, both of which
had been sanctioned for money laundering. But the gesture was not a sign the
banks had reformed their ways. The banks simply were no longer a threat because
Myanmar had yanked their licenses after the initial designation and the banks
no longer existed.
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