1 Myanmar Country Profile

1 Myanmar Country Profile

Myanmar Country Profile

Myanmar Country Map

Myanmar, officially the Republic of the Union of Myanmar and also known as Burma, is a sovereign state in Southeast Asia bordered by Bangladesh, India, China, Laos and Thailand. One-third of Myanmar's total perimeter of 1,930 km (1,200 miles) forms an uninterrupted coastline along the Bay of Bengal and the Andaman Sea. 2014 census revealed a much lower population than expected, with 51 million people recorded. Myanmar is 676,578 square kilometres (261,227 sq mi) in size. Its capital city is Naypyidaw and its largest city is Yangon.

Myanmar is a country rich in jade and gems, oil, natural gas and other mineral resources. In 2013, its GDP (nominal) stood at US$56.7 billion and its GDP (PPP) at US$221.5 billion. As of 2013, according to the Human Development Index (HDI), Myanmar had a low level of human development, ranking 150 out of 187 countries.

 

Important Information: 

The scope of this Logistics Capacity Assessment is limited to the coastal area of Myanmar, Rakkhine, Ayeryarwaddy, Yangon, Mon and Tanintharyi  (completed in 2014) and the central area, Bago, Magway, Nay Pyi Taw, Sagaing and Mandalay (completed in 2016). These regions and states were selected because these have the highest risk of natural disasters such as cyclones, floods and earthquakes.

This LCA does not include logistics assessment data of Chin, Kachin, Kayah, Kayin, and Shan state.

 

Generic country information can be located from sources which are regularly maintained and reflect current facts and figures. For a generic country overview, please consult the following sources:

Myanmar Wikipedia Country Information 

Myanmar IMF Country Information 

Myanmar Economist Intelligence Unit Information* 

(*note - this is a paid service)

 

Humanitarian Info:

Myanmar World Food Programme Information 

Myanmar UN Office for the Coordination of Humanitarian Affairs Information 

 

Facts and Figures:

Myanmar Wolfram Alpha Information 

Myanmar World Bank Information 

Myanmar World Population Review Information 

1.1 Myanmar Humanitarian Background


Myanmar Humanitarian Background

Disasters, Conflicts and Migration

Natural Disasters

Yes / No

Comments / Details

Drought

Yes Dry Season

Earthquakes

Yes Myanmar is seismically active with the strongest measured earthquake of 8.0 on the Richter Scale in May 1912. Strong earthquakes are rare.

Epidemics

Yes Epidemics include: Bacterial Infectious Diseases (Cholera), Viral Infectious Diseases (Dengue)

Extreme Temperatures

Yes Yes, heat and humidity in both dry and rainy season

Flooding

Yes Flooding is one of the most prevalent disasters ranking with 11% second behind fires. Flash floods in the mountainous north and in the areas along the four major rivers (especially in Ayeyarwaddy, Mon, Kayin and Bago) in the monsoon season from May to October and along the coast due to cyclones and storm surges during April to December.

Insect Infestation

Yes During dry season

Mudslides

Yes During wet season in mountainous areas

Volcanic Eruptions

n/a n/a

High Waves / Surges

Yes The coastal regions of Ayyarwaddy region and Rakhine state are prone to storm surge. Tsunamis have rarely hit Myanmar, but the Northern Sunda Megathrust fault located of the coast in the bay of Bengal creates a threat for tsunamis.

Wildfires

Yes Predominant threat of forest fire is in the upland regions during the dry season from December to May. Most fires are caused by people through slash and burn agricultural practices and intentional fires.

High Winds

Yes Along the coast during the cyclone season from April to December, but most dangerous of the season are pre-monsoon April-May and post-monsoon October-December.

Other Comments

In 2008 Cyclone Nargis caused extensive damage in the delta of the Irrawaddy Division. It was categorised as the worst natural disaster to hit Myanmar in the last 50 years.

Man-Made Issues

Civil Strife

Yes Civil wars have been on going since independence in 1948. As of Oct. 2012 the conflicts include the Kachin arm conflict and the communal conflict in Rakhine state and the Shan, Karen and other ethnic minority arm conflicts in the Eastern half of the country.

International Conflict

No n/a

Internally Displaced Persons

Yes

467,400 IDPs in Kachin state, Rakhine state and the South East plus 1,090,000 people without citizenship, total 1,557,400 people.

Source: UNHCR (publisher), Myanmar fact sheet Sept 2014, http://www.unhcr.org/50001cf99.html, Date accessed: 19 Nov 2014.

Refugees Present

Yes

479,608 refugees and 45,038 asylum seekers from Myanmar in border area of Thailand. 0 Refugees in Myanmar.

Source: UNHCR (publisher), Myanmar country profile, http://www.unhcr.org/pages/49e4877d6.html, Date accessed: 19 Nov 2014.

Landmines / UXO Present

Yes

In 2013, there were at least 101 new mine/UXO casualties in the Republic of the Union of Myanmar, mines/UXOs remained a source of concern in an estimated 10 out of 14 regions/states. Kayin state and Bago region are suspected to contain the heaviest mine contamination.

Source: The Monitor (publisher), Myanmar/Burma, http://www.the-monitor.org/index.php/cp/display/region_profiles/theme/3699#_ftn7, Date accessed: 19 Nov 2014.

Source: The International Campaign to ban landmines (publisher), Spotlight on Myanmar, http://www.icbl.org/en-gb/news-and-events/news/2014/spotlight-on-myanmar.aspx, Date accessed: 19 Nov 2014.

Other Comments

Urban fires are the most frequent hazard in Myanmar. The highest incidence of fires occurs in Yangon, Mandalay, Ayeyarwaddy, Sagaing and Bago, accounting for 63% of total fire cases.

Source: Reliefweb (republished), MSWRR (publisher), Myanmar Action Plan on Disaster Risk Reduction (MAPDRR), June 2012, http://reliefweb.int/sites/reliefweb.int/files/resources/RDD_FILE_1340609699_MAPDRR_English_June 2012.pdf, Date accessed: 19 Nov 2014.

Source: COE-DMHA (publisher), Burma (Myanmar) Disaster Management Reference Handbook, May 2014, http://www.coe-dmha.org/shared/pdf/disaster-mgmt-ref-hbks/disaster-mgmt-ref-hdbk-2014-burma.pdf, Date accessed: 19 Nov 2014.
For more detailed database on disasters by country, please see the Centre for Research on Epidemiology of Disasters: EMDAT information on Myanmar

Calamities and Seasonal Affects

The climate of Myanmar can be divided into three seasons: hot season, monsoon season and cold/dry season. Hot season is from March to mid-May; the monsoon rain falls from mid-May to the end of October; and the cold/dry season starts in November and ends at the end of February. Temperature varies from 38°C to 19°C, humidity from 82.8% to 66%. The cold/dry season runs from late October to mid-February. Temperatures are lowest at this time, although the climate remains tropical throughout most of Myanmar. The hot season lasts from late February to about mid-May. During this season, temperatures often top 38 °C in many parts of Myanmar.
There is normally no shortage of trucks, however fewer are available and more expensive during the rice harvest from October to November. In North East in Pang Kham there can be a shortage due to a high demand for trucks for building roads. In the North during February, in Lashio city, there can be a shortage of trucks. During Myanmar New Year, in mid-April, there are fewer trucks available and the price is higher. Secondary road transport shortages can be experienced in Mandalay, Myitkyina and in Wa Self-Administered Division. In case the Government initiates new projects, truck availability is limited and prices increase. Land slides occur regularly in the monsoon season, from Magway to Sittwe and in Kachin, Chin, northern Rakhine and Shan states, which can lead to obstruction of regular roads, that however often can be negated by using alternative roads.
Yangon-Magway waterway during the dry season is sometimes not passible by barges.
From Yangon to Sittwe, as per national regulation, rice has to be transported over the river by government boats. However, sometimes the government boats are not available. Government policy states that a permit is required to move food from one division to another division.
Trains are generally not riding on schedule, especially in the monsoon season.
In-country air transport is mainly used for passengers for a negligible volume of cargo.

Seasonal Affects on Transport

Transport

Comments

From (month) to (month)

Primary Road Transport

Affected, however less affected than secondary roads

Monsoon season

(mid- May to end of October)

Secondary Road Transport

Affected heavily during heavy rains. Most secondary roads are dirt roads that become muddy with restricted travel 

Monsoon season

(mid- May to end of October)

Rail Transport

Less affected- if there are problems they are quickly resolved. 

Monsoon season

(mid- May to end of October)

Air Transport

Affected- In-country commercial flights are not regular and can be affected by weather 

Monsoon season

(mid- May to end of October)

Waterway Transport

Affected – some rivers are susceptible to flash floods and flooding in the monsoon season

Monsoon season

(mid- May to end of October)

Seasonal Affects on Storage and Handling (economic, social, climate…)

Activity

Comments

From <month> to <month>

Storage

Over the monsoon season extra precautions are required to avoid water damage to commodities.

During the hot season commodities can be spoiled due to high temperatures or/and high humidity.  

Monsoon season is from April to December, hot season is from March to mid-May, 

Handling

Frequent rains slow down handling work during the monsoon season.

From April to December

Other

n/a

n/a

Monsoon season - There is a potential need to pre-stock commodities due to potential constraints of transport and handling operations due to rain or non-availability of transport.

Hot season - Handling can be slowed down due to high temperatures and heat sensitive commodities can be damaged in non-temperature controlled warehouses.

Capacity and Contacts for In-Country Emergency Response

Government

A Standing order on Natural Disaster Management, Jan 2009, defined the disaster management roles and responsibilities for ministries and committees. In April 2011, the Myanmar Disaster Preparedness Agency (MDPA) was established as the main body responsible for Disaster Management. The National Natural Disaster Preparedness Central Committee (NDPCC) and the constitution of 11 sub-committees replaced the MPDA, by Notification no. 24/2013 of the President on 14 May 2013.
The NDPCC coordinates with the MSWRR, which constitutes of three departments: the Relief and Resettlement Department (RRD), Fire Services Department and Department of Social Welfare. The RRD is responsible to coordinate with the Association of Southeast Asian Nations (ASEAN), United Nations (UN) and non-governmental organisations (NGOs) on disaster preparedness activities. A Disaster Management Law (DML) was passed in August 2013. As of June 2014 the Government of Myanmar is finalizing the regulations related to the DML, which may modify the current institutional disaster management structure.

Myanmar Institutional framework for disaster preparedness

Level

Agency / Committee

National

National Disaster Preparedness Central Committee

National

National Disaster Preparedness Management Working Committee (NDPMWC)

National

 Eleven sub-committees of NDPCC

Regional/State

Region and State Disaster Preparedness Working Committee (RDPMWC)

Sub-Region/ Sub-State

District Disaster Preparedness Agencies

Township Disaster Preparedness Agencies

Village Tract Disaster Preparedness Agencies

Eleven Sub-Committees of NDPCC

Sub-Committee

Chaired by

1. Information

Dept. Minister of Information

2. Hotline

Dept. Minister of Communication and Information Technology

3. Search and Rescue

Dept. Minister of Home Affairs

4. Collection of preliminary damages news and emergency aids

Dept. Minister of Commerce

5. Confirmation of damages and losses

Dept. Minister of National Planning and Economic Development

6. Transport and route clearance

Dept. Minister of Railways

7. Disaster risk reduction and building of emergency tents

Dept. Minister of Social Welfare, Relief and Resettlement

8. Health care

Dept. Minister of Health

9. Rehabilitation and reconstruction

Dept. Minister of Border Affairs

10. Security

Dept. Minister of Home Affairs

11. International relation

Dept. Minister of Foreign Affairs

Image Source: UNOCHA (publisher), Emergency Response Preparedness Plan Myanmar, 25 June 2014.

Ministries and Disaster Management Responsibilities

Ministries are involved with varying degrees of responsibilities in disaster management

Ministry  Responsibilities 
Ministry of Social Welfare, Relief and Resettlement

Relief and Resettlement Department: Responsible to deliver relief to people who face manmade and natural disasters, provide aid to IDPs, provide food-aid to people affected by drought, climate change or crop-failure.

Fire Services Department: Responsible for fire precaution, prevention and extinguishing, social humanitarian services and to develop and train firemen.

Department of Social Welfare: Responsible to protect the vulnerable population of children, women, elderly and physically challenged.

Ministry of Agriculture and Irrigation Responsible to identify disaster prone areas, maintenance of dams & reservoirs and provide agriculture assistance post-disaster.
Ministry of Construction  Responsible for construction, maintenance and repair of roads and bridges. The Department of Human Settlement and Housing Development (DHSHD) is responsible to manage town plans, post disaster evacuation and resettlement of disaster victims, designate safe shelters and provide generators to disaster victims
Ministry of Transport The Department of Civil Aviation fulfils the responsibility for safe and secure domestic and international air transport, including acceptance of foreign aircraft and foreign military aircraft only with invitation of permission in writing of the President.
Ministry of Education Department of Educational Planning and Training (DEPT) is responsible for Disaster Preparedness Response Education, conduct school based risk assessments, prepare school preparedness plans and maintain facilities used for relief and shelter locations.
Ministry of Foreign Affairs Responsible to communicate and share information with foreign embassies, ASEAN, UN and international NGOs.
Ministry of Health  Responsible to train mobile medical squads, health staff, NGOs and community on first aid and emergency relief, to provide healthcare post-disaster, collect data on the injured, treat water for consumption and manage sanitary waste disposal.
Ministry of Home Affairs The General Administration Department is responsible for maintaining rule of law and peace at the division, district and township levels, to identify relief camps, disaster management training and disseminate early warning information.
Ministry of National Planning and Economic Development The Planning Department serves on disaster preparedness committees at State/Division, District and Township levels to assist with development of disaster management Action Plans.
Ministry of Defence

The Ministry of Defence supports the MDPA and the national level committees. The ministry of defence and the Armed Forces (Army, Navy and Air Force) perform an integral role in disaster management and response:

by maintaining security, search and rescue, evacuation of victims, setup of shelters for IDPs, dead body management, support of emergency medical care, debris removal and clearing of roads and distribution of relief goods by road, water and air.

The responsibilities of the Ministry of Defence and armed forces during four disaster phases are outlined in the Standing Order on Natural Disaster Management of Myanmar, 2009.

At the time of Cyclone Nargis, May 2008, the Government of Myanmar as an isolated regime initially halted acceptance of humanitarian assistance. In the aftermath ASEAN was instrumental in creating a coordination mechanism for humanitarian relief and recovery work between the government of Myanmar, ASEAN partners and UN agencies.

For information on Myanmar Government contact details, please see the following link:

4.1 Myanmar Government Contact List

Humanitarian Community

In late 2006 the UN Resident Coordinator in Myanmar was appointed as Humanitarian Coordinator (HC). In 2010 a Humanitarian Country Team (HCT) was established, chaired by the HC, composed of representatives from UN agencies, INGOs and international organisations such as IOM and the Red Cross Movement.

The following table identifies the humanitarian sector and cluster leads based the UN Strategic Response Plan for 2014 as well as the linkage with government NDPCC sub-committees.

Humanitarian sector and cluster leads and linkage with NDPCC sub-committees

Lead agency

Sector/Cluster

NDPCC Sub-Committee

UNHCR/ IOM

Camp coordination and camp management cluster

Disaster risk reduction and building of emergency tents

UNICEF/
Save the Children

Education in emergencies sector

(Ministry of Education)

UNHCR/ IFRC

Emergency Shelter Cluster

Disaster risk reduction and building of emergency tents

WFP

Emergency Telecommunications sector

Hotline

WFP / FAO

Food Security sector

Rehabilitation and reconstruction

WHO

Health Cluster

Health Care

UNFPA

Reproductive health TWG

Health Care

WFP

Logistics Sector

Transport and route clearance

UNHCR

Non Food Items Cluster

Disaster risk reduction and building of emergency tents

UNICEF

Nutrition Sector

Health Care

UNHCR

Protection Sector

Disaster risk reduction and building of emergency tents

UNICEF

Child Protection sub-sector

UNFPA

Gender based violence sub-sector

UNICEF

Water, Sanitation & Hygiene Cluster

Rehabilitation and reconstruction

For information on Myanmar Humanitarian Agency contact details, please see the following link:

4.2 Myanmar Humanitarian Agency Contact List

1.2 Myanmar Regulatory Departments

Myanmar Regulatory Departments

 

4.2.8 Myanmar Laboratory and Quality Testing Company Contact List

 

The Food and Drug Administration (FDA):

Was established in 1995 and has responsibility to control the safety and quality of Food, drugs, medical devices and cosmetics through the control, inspection, registration and licencing of manufacturing, import, export, storage, sales and distribution. The FDA is implementing these tasks under the Department of Health of the Ministry of Health and guided by the Myanmar Food and Drug Board of Authority (MFDBA), in accordance with National Drug law 1992, National Food law 1997 and the Public Health Law 1972. The FDA has administrative branches in Naypyitaw, Yangon and Mandalay. There is close collaboration between FDA and the Customs department and Police Force for the control of safety and quality of food and drugs.

Medicines that are imported must be registered at the FDA by the manufacturer or authorised representative (importer & distributor). Applications for registration of medicines must be submitted to the Department of Health, Food and Drug Administration. The registration process can take 1.5 to 3 months. The Ministry of Health can allow import of non-registered medicines on a case-by-case basis.

The FDA has responsibility for quality assurance and control of Food and drugs. The FDA has a laboratory for quality control testing of food, medicines, medical devices and bio- and chemical safety testing. The FDA laboratory does not have ISO/IEC 17025 certification for the competence of testing and calibration laboratories. The National Health Laboratory, which falls under the Ministry of Health, provides quality assurance and control for medical laboratory services and has capacity for quality control of medicines as well. At various levels, from central to township level, Food and Drug Supervisory Committees (FDSC) have been established for local inspection and licencing of food and drug manufacturing, sales and distribution. Members of the FDSC’s are: Health department, General Affairs, Police Force, Development Affairs and Livestock breeding and veterinary department.

 

The Myanmar Scientific and Technological Research Department (MSTRD):

A department under the Ministry of Science and Technology, is guided by the Science and Technology Development Law 1994 and the Law on Standardization Jul-2014 and has the responsibility to conduct standardization and specification of weights and measures, equipment and machinery, raw materials and finished goods. The MSTRD has lead responsibility for Standards, Conformity Assessment and Metrology infrastructure and is the focal point for the National Quality Infrastructure of Myanmar. The Department of Standards, a department of the MSTRD, provides information on international standards, foreign national standards, measurement services, laboratory accreditation and issues analysis reports to industries. MSTRD is a member of ISO since 1-Jul-2005 and IEC since 13-Nov-2007 and it serves as the WTO contact point for Myanmar. The MSTRD is the country focal point of the ASEAN consultative committee for Standards and Quality (ACCQS). The MSTRD is in the process of modernization and has the intention to develop a national standards body, national metrology institute and national accreditation body.

Source:  Myanmar Department of Standards (publisher), Date accessed: 27 Nov 2014

 

The Myanmar Agricultural Produce Trading (MAPT):

Is a government trading organization under the Ministry of Commerce. The MAPT has the objective to develop cultivation of crops, enhance quality of crops and develop rice-milling industries. The MAPT provides fumigation services for storage of grains, can provide rental services for warehouses, conducts pre-shipment inspection of imported and exported food commodities, issues certificates of laboratory analysis and testing, undertakes analysis works of food grains and milling quality, can test for aflatoxin and can test soil and water quality, among other services.

Source: Wikipedia Burma Ministry of Commerce  (publisher), Date accessed: 27 Nov 2014.

 

The Ministry of Energy:

Is responsible for regulation of the fuel market. The state owned Myanma Oil and Gas Enterprise (MOGE) has the responsibility of quality testing and control of fuel. The state owned Myanma Petroleum Products Enterprise (MPPE) is responsible for retail and wholesale distribution of petroleum products. Since Oct-2009 the government allows the private sector to import petroleum products. The price of gasoline and diesel has been liberalized in 2012. The Roads Transport Department, under the Ministry of Railways, is responsible for vehicle registration and exhaust emission control of vehicles. Vehicles require an annual inspection for emission control and to renew registration.

 

The Myanmar Inspection and Testing Services Ltd (MITS):

Is a commodity inspection enterprise recognised by the Ministry of Commerce. The MITS provides quality control sampling, (pre-shipment) inspection, weight control and supervision services and has laboratory capacity for analysis.

Source: Ministry of Commerce, Myanmar Inspection & Testing Services Ltd, Dates accessed: 27 Nov 2014

 

Pre-shipment and third party quality assurance inspections for food and non-food products can be carried out by commercial third party inspection surveyors available on the local market, such as:

SGS Myanmar

OMIC Myanmar

Bureau Veritas

Myanmar Quality Control

 AIM Control group

For  information on Myanmar Regulatory department contact details, please see the following link: 

4.1 Myanmar Government Contact List

1.3 Myanmar Customs Information

 

Duties and Tax Exemption

For contact information regarding government custom authorities, please follow the link: 

4.1 Myanmar Government Contact List

Myanmar is a member state of both GATT (General Agreement on Tariff and Trade) and WTO (World Trade Organization). Myanmar Customs Department became member of the World Customs Organization on 25-Mar-1991 and became a contracting party to the International Convention on the Harmonized Commodities Description and Coding System (HS Code) on 21-Nov-1994. This convention entered into force since 1-Jan-1995.

Myanmar became a member of the ASEAN on 23-Jul-1997 and entered into the ASIAN agreement on Customs. Myanmar joined other ASEAN members in implementing the Common Effective Preferential Tariff Scheme (CEPT) by taking steps to reduce customs tariffs 0% to 5% within ten years time. The Ministry of Finance reduced the tariff to 5% on 62 products effective from 1 January 2000. Transit duty was abolished 1 January 2000 as a fulfillment of the commitment to the ASEAN agreement on the Facilitation of Goods in Transit. An e-Customs system was introduced 29 August 2011 with modules for export and import and it is planned to implement the ASEAN e-Customs National Single Window process by end of 2014.

Myanmar has not signed/ratified the revised Kyoto Convention on the Simplification and Harmonization of Customs Procedures, which contains a chapter binding states to facilitate the work of intergovernmental and non-governmental organizations in implementing humanitarian assistance. (Kyoto Convention, Annex J-5 on the Special Procedure for Relief Material). Myanmar has neither signed/ratified the Tampere Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations.

 As of November 2016, an online customs clearance system, Myanmar Automated Cargo Clearance System (MACCS) is implemented in both Seaport and Airport of Yangon and Myawaddi (Kayin State) at Thai-Myanmar border. This is also as part of the ASEAN Economic Community Myanmar is required to implement ASEAN Single Window Access for faster import and export customs clearance. Ever since the system implemented, the lead-time for the custom process is yet to speed up and all required supporting document remains the same. For the registration in MACCS system, agency or organization needs to physically present at the Custom Office and complete and submit the registration form. Please see the below flow chart and more on http://www.myanmarcustoms.gov.mm/maccs/Registration.aspx.

 

 Sources:

ASEAN ICT Mall, Myanmar Customs Department: http://aseanict.com/bizcenter/0/Myanmar-Customs-Department/1338/10612 

WCO OMD, Contracting parties to the revised Kyoto convention: http://www.wcoomd.org/en/topics/facilitation/instrument-and-tools/conventions/pf_revised_kyoto_conv/instruments.aspx 

UN (Publisher) Tampere convention: https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXV-4&chapter=25&lang=en

Online Burma/Myanmar Library, Myanmar New Tax Law: http://www.burmalibrary.org/docs18/myanmar_New_tax_law.pdf

Emergency Response

In the event of an emergency, all humanitarian aid organizations must liaise with the Relief and Resettlement Department (RRD) of Ministry of Social Welfare, Relief and Resettlement for all topics including customs and exercise. The RRD will liaise with the National Disaster Management Committee (NDMC) and this committee will decide if any special customs measures and exemptions would apply.

Myanmar had issued the Natural Disaster Management Law on 31st July 2013 in order to exempt the tax for humanitarian cargo.  Ref: Pyidaungsu Hluttaw Law No.21, 2013

The following table states which agreements and conventions apply in Myanmar:

Agreements / Conventions Description

Ratified by Country?

WCO (World Customs Organization) member

Yes, Date: 25-Mar-1991

Annex J-5 Revised Kyoto Convention

No

OCHA Model Agreement

No

Tampere Convention (on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations)

No

Regional Agreements (on emergency/disaster response, but also customs unions, regional integration)

Signature to the ASEAN Green Lane System (GLS) for rapid clearance of goods of ASEAN origins. The GLS was implemented in Myanmar 1-Jan-1999. Customs Value Declaration Form (CUSDEC 4) was prescribed effective from 1-Apr-1999 for implementation of the WTO Valuation Agreement.

 

National Customs Legislation and Regime

  • The Sea Customs Act (1878), Customs valuation is practised in accordance with sea customs act 30 (a) and (b).
  • The Land Customs Act (1924)
  • The Tariff Law (1992)
  • Ministry of Finance (Customs Branch) Notification no. 586, and exemption from Import Regulation and Permission to import made under Ministry of Trade Development Memorandum, no 33. Hta Kha 55 dated 6 March 1956.
  • United Nations Agencies have a basic agreement with the Government of the Union of Myanmar granting tax exemption status. According to this agreement a tax-free certificate must be obtained per shipment being imported.


Exemption Regular Regime (Non-Emergency Response): 

The usual process to qualify for exemption of customs duties and taxes is:

  1. Tax exemption status must be granted to the organization by the government.
  2. For each import shipment, the government must approve a request for tax exemption, following the standard customs declaration procedure.
  3. A “special order” procedure per import shipment can be processed to fast track a request for tax exemption and approval by the government.

 

Organizational Requirements to obtain Duty Free Status

United Nations Agencies

A request for Tax Exemption status must be sent to the Ministry of Border Affairs and to the Foreign Economic Relations Department (Ministry of National Planning & Economic Development)

NGOs

NGO’s must be registered with the relevant Government authority, depending on their scope of work (e.g at the Ministry of Social Welfare or the Ministry of Health and Sports) They need to sign a MOU or LOU with the respective Ministry/Department to carry out their intended project activities and acquire a permit/license to import cargo. A request for Tax Exemption status must be sent to the relevant ministry where the NGO has registered. These ministries will liaise with the Ministry of Commerce, who will issue a letter to the NGO.


Exemption Certificate Application Procedure
:

Organisations can defer from the standard customs declaration procedure to a “special order” procedure to request for exemption of customs duties and taxes.

After cargo arrives, a special order for inspection is prepared and sent to Customs department specifying that the standard exemption procedure has been initiated as well. Authorisation for the freight forwarding agent to work on behalf of the agency/NGO should be issued to the Export/Import section of Customs Department. 

 

Standard Duties and Taxes Exemption Application Procedure

Documentation required

  • Import Licence (Ministry of Commerce)
  • Commercial Invoice.
  • Packing list.
  • Bill of Lading/Air Way bill.
  • Recommendation from the department concerned (in case of products such as medicines, vehicles, telecommunications equipment)
  • Cover Request Letter

Process to be followed (step by step)

  • The application for Tax Exemption Certificate (TEC) is submitted to the Progress of Border Areas & National races Department of Myanmar (NATALA) under the Ministry of Border Affair for endorsement and a copy of the request to Foreign Economic Relations Department (Ministry of National Planning & Economic Development) for final approval.
  • The application process takes about one to two weeks to receive an approval.
  • After approval is received it is handed over to the freight forwarding agent to process the custom clearance.

Special Order Procedure (Myanmar Custom Department, 2012)

 

Imports require payment of customs duties following the standard import declaration process. The special order procedure for import can be followed to qualify for exemption of payment of taxes and duties.

The director general of the Customs Department has the power to grant exemption of customs duties for imports entering by air, water and road, which are not considered to impact state revenue (as per BAM Para 18).

To qualify for Special Order Procedure the imports must be:

-        Highly perishable goods

-        State projected goods for factory and building construction, pending for issue due to incomplete document.

-        Live flora, fauna and remains of the deceased.

-        Remand for issue under special order as to imports by department or state enterprise due to lack of set revenue.

-        Dangerous Harmful goods, vaccines under specified temperature ie. Radioactive materials, live virus.

 

1. Applications to the Director General of Customs Department under Special Order should include: imports declaration, import license, B.L invoice, packaging list, signature of the requester bond to pay in (30) days. Goods imported under special order will undergo a detailed inspection and review of the import declaration by the Customs Department.

2. Goods of Embassy and diplomats require a consent letter and will undergo a detailed inspection by the customs department.

3. Failure to issue on special order after approval require submission for consultation of special order impact declaration .

- Phytosanitary certificate for foods.

- Veterinary Health Certificate for live animals.

- Death certificates for remains of the deceased.

- Storage permit for the explosive and inflammable.

- Fit for human consumption certificate for food item for sale.

 

Telecommunications equipment requires a recommendation against protest from Directorate of Communication.

1. Failure to issue on special order after approval require submission for consultation of special order import declaration.

2. Organizations that can qualify for Special Order Procedure are: Government Departments, UN organizations, NGO joint venture corporation of 50%- state capital, companies under permit of Myanmar Investment commission and private companies only for highly perishable goods, dangerous goods, and live animals.

3. After issue under special order the first and second copies of import declarations are requested with the special order reference number and date with the production of third copy of import declaration and necessary document at the special power section in the customs house for calculation and final assessment after which the due duty is paid during the specified period.

4.Whosoever breaches the bond to clear the special order import declaration in (30) days, shall pay the following fine as per customs rules for and due duty –

  1. 6% of the total duty as fine for duty bond clearance in (30-90)days
  2. 8% of the total duty as fine for duty bond clearance in (90-180)days
  3. 10% of the total duty as fine for duty bond clearance in (181-360)days
  4. 0.06% of the average value as fine for duty free goods in (31-60) day
  5. 0.08% of the average value as fine for duty free goods in (61-180) day
  6. 0.1% of the average value as fine for duty free goods in (181-360) day

 

Source: Myanmar Customs (Publisher), Special Order Procedure (2012) http://www.myanmarcustoms.gov.mm/specialorder.aspx , Date accessed 1 July 2016


Exemption Certificate Document Requirements

 

Duties and Taxes Exemption Certificate Document Requirements (by commodity)

 

Food

Shelter, WASH & Education

Medicines

Vehicles & Spare Parts

Staff & Office Supplies

Telecoms Equipment

Invoice

Yes, pro-forma invoice, 1 copy

applies to UN and NGOs

Yes, pro-forma invoice, 1 copy

applies to UN and NGOs

Yes, pro-forma invoice, 1 copy

applies to UN and NGOs

Yes, pro-forma invoice, 1 copy

applies to UN and NGOs

Yes, pro-forma invoice, 1 copy

applies to UN and NGOs

Yes, pro-forma invoice, 1 copy

applies to UN and NGOs

AWB, BL, Other Transport Docs

Yes, 3 copy applies to UN and NGOs

Yes3 copy applies to UN and NGOs

Yes, 3 copy applies to UN and NGOs

Yes3 copy applies to UN and NGOs

Yes, 3 copy applies to UN and NGOs

Yes, 3 copy applies to UN and NGOs

Donation/Non-Commercial Certificates

Yes, one original and one copy, same for NGO and UN

Yes, one original and one copy, same for NGO and UN

Yes, one original and one copy, same for NGO and UN

Yes, one original and one copy, same for NGO and UN

Yes, one original and one copy, same for NGO and UN

Yes, one original and one copy, same for NGO and UN

Packing Lists

Yes, 2 copy for NGO and UN

Yes, 2 copy for NGO and UN

Yes, 2 copy for NGO and UN

Yes, 2 copy for NGO and UN

Yes, 2 copy for NGO and UN

Yes, 2 copy for NGO and UN

Other Documents

1 original and 1 copy of  phyto sanitary, fumigation, radiation and GMO  certificates with covering request letter for UN and NGOs

Covering Request Letter for UN and NGOs

1 original and 1 copy of batch certificate, certificate of analyses, usage instructions and Covering Request Letter for UN and NGOs

1 copy of Catalogue (proof of what kind of vehicle and usage) Covering Request Letter for UN and NGOs

1 copy of catalogue (proof of usage intensions Covering Request Letter for UN and NGOs

1 copy of catalogue (proof of usage intensions),  Covering Request Letter,

 for UN and NGOs

Additional Notes

  • The Customs Department may defer from the standard exemption certificate and  “special order” procedure


Customs Clearance

General Information

Customs Information

Document Requirements

  • Import Licence (Ministry of Commerce)
  • Commercial Invoice,
  • Packing list,
  • Bill of Lading/Air Way bill,
  • Recommendation from the department concerned (in case of products such as medicines, vehicles, telecommunications equipment)
  • Cover Request Letter

Embargoes

Arms

Prohibited Items

Explosives and Arms; playing cards, gambling equipment, antiques, archaeological items and pornography are prohibited. Currency restrictions: The import and export of local currency is prohibited

General Restrictions

Jewellery, electrical goods and cameras must be declared; failure to do so may result in visitors being refused permission to export it on departure. Video cameras will be held in safe custody at the airport and will be returned on departure.

 Customs Clearance Document Requirements

Customs Clearance Document Requirements (by commodity)

 

Food

Shelter, WASH & Education

Medicines

Vehicles & Spare Parts

Staff & Office Supplies

Telecoms Equipment

D&T Exemption Certificate

Yes, if available, Original,

1 copy,

applies to UN and NGOs

Yes, if available, Original,

1 copy,

applies to UN and NGOs

Yes, if available, Original,

1 copy,

applies to UN and NGOs

Yes, if available, Original,

1 copy,

applies to UN and NGOs

Yes, if available, Original,

1 copy,

applies to UN and NGOs

Yes, if available, Original,

1 copy,

applies to UN and NGOs

Invoice

Yes, pro-forma invoice, 1 copy

applies to UN and NGOs

Yes, pro-forma invoice, 1 copy

applies to UN and NGOs

Yes, pro-forma invoice, 1 copy

applies to UN and NGOs

Yes, pro-forma invoice, 1 copy

applies to UN and NGOs

Yes, pro-forma invoice, 1 copy

applies to UN and NGOs

Yes, pro-forma invoice, 1 copy

applies to UN and NGOs

AWB, BL, Other Transport Docs

Yes, 3 copy applies to UN and NGOs

Yes3 copy applies to UN and NGOs

Yes, 3 copy applies to UN and NGOs

Yes3 copy applies to UN and NGOs

Yes, 3 copy applies to UN and NGOs

Yes, 3 copy applies to UN and NGOs

Donation/Non-Commercial Certificates

Yes, one original and one copy, same for NGO and UN

Yes, one original and one copy, same for NGO and UN

Yes, one original and one copy, same for NGO and UN

Yes, one original and one copy, same for NGO and UN

Yes, one original and one copy, same for NGO and UN

Yes, one original and one copy, same for NGO and UN

Packing Lists

Yes, 2 copy for NGO and UN

Yes, 2 copy for NGO and UN

Yes, 2 copy for NGO and UN

Yes, 2 copy for NGO and UN

Yes, 2 copy for NGO and UN

Yes, 2 copy for NGO and UN

Phytosanitary Certificate

Yes, 2 copy, for UN and NGOs

No

No

No

No

No

Other Documents

1 copy of catalogue (proof of usage intensions),  Covering Request Letter for UN and    NGOs

1 copy of catalogue (proof of usage intensions),  Covering Request Letter for UN and NGOs

1 copy of batch certificate,  certificate of analyses, usage instructions and Covering Request Letter for UN and NGOs

Catalogue (proof of what kind of vehicle and usage) Covering Request Letter for UN and NGOs

1 copy of catalogue (proof of usage intensions),  Covering Request Letter for UN and NGOs

1 copy of catalogue (proof of usage intensions),  Covering Request Letter for UN and NGOs

The following attachments show a notification from the Ministry of Commerce and Trade regarding import/export licenses for private companies: 

Ministry of Commerce and Trade Notification 74-2016

Ministry of Commerce and Trade Notification 74-2016 (English Translation)


Checklist of Required Certificates for Food Commodities:

 

Phytosanitary

Veterinary

Health

Origin

Fumigation

Non GMO

Weight

Composition/  Analysis

Crop Year

Production Year/ Best Used By-date

Cereals

X

   

X

X

X

X

X

X

 

Pulses

X

   

X

X

X

X

X

X

 

Processed Cereals

   

X

X

 

X

     

X

Dairy Products

 

X

X

X

         

X

Blended Food

Products

   

X

X

X

X

X

X

 

X

Vegetable Oils

   

X

X

         

X

Sugar

   

X

X

         

X

Canned food

 

X

X

X

 

X

     

X


Transit Regime


Transit Regime

Transit Procedure

All commodities, not for domestic consumption and imported for transit trade, are required to furnish the prescribed form, ie. CUSDEC-3, attached with the followings:
1. Bill of Lading or air consignment note or truck note
2. Transit Trade Licence or permit issued by the Ministry of Trade
3. Commercial Invoice
4. Sales contract between seller and buyer or contract between seller and authorised agent
5. Guarantee bond, undertaken in strict compliance with regulations: failure to export will be dealt with according to the existing law.
Transit duty is based on the C.l.F. value of the imported goods and will be levied at 2.5% ad valorum rate.