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Table 2.5 FDI prohibitions/restrictions
Prohibited sectors: 21 types of activities including: Defence; electricity trading; natural forest management; small to medium-scale mining and extraction; exploration and production of jade/gem stones; exploitation of minerals including gold in the water way; air control management service; navigation service; printing and broadcasting; and certain environmentally hazardous activities
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Table 2.5 FDI prohibitions/restrictions
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Businesses requiring Environmental Impact Assessment: 34 activities requiring an Environmental Impact Assessment from the Ministry of Environmental Conservation and Forestry

[for power generation projects] A foreign investor must, inter alia, conclude a memorandum of understanding on a pre feasibility study and memorandum of agreement, and a joint-venture agreement with the MOEP (Ministry of Electric Power), and obtain approval from the MIC (Myanmar Investment Commission), the Attorney General’s Office, the Ministry of Finance, the Ministry of National Planning and Economic Development, and the Cabinet. Approval of environmental impact assessment and social impact assessment by the Ministry of Environmental Conservation and Forestry is also required.

The Government plans to establish three SEZs [special economic zones]: Dawei, Kyauk Phyu, and Thilawa. Infrastructure is being developed in the Dawei SEZ. A plan for infrastructure development in Thilawa is being prepared, and an environmental impact assessment is being conducted in the Kyauk Phyu.

The Ministry of Commerce maintains a list of prohibited imports; any changes to the list are reviewed by the Directorate of Trade of the Ministry of Commerce. Under Section 18 of the Sea Customs Act, import prohibitions apply to, inter alia: counterfeit currency and coins; pornographic material; all kinds of narcotic drugs and psychotropic substances; playing cards; goods bearing the imprint or reproduction of the flag of Myanmar; goods bearing the emblem of Buddha and pagodas of Myanmar; arms and ammunition; antiques and archeologically valuable items; and wildlife and endangered species.

Exporters must submit an export declaration form to Customs before exporting the goods, together with required documentation, such as: the export licence, invoice, packing list, sales contract, letter of credit or general remittance exemption certification, forest pass for the shipment of forestry produce, health certificate for the export of live animals, permit for the export of wild live animals, and other certificates and permits as required by the relevant government agencies.

Myanmar reformed its export tax regime in 2011. Prior to the reform, exporters had to pay commercial tax at a rate of 8% and income tax at a rate of 2% before exporting goods. Currently, commercial tax is levied only on exports of five commodities (Table 3.6); according to the authorities, this is to preserve natural resources. In addition, a cess is collected by Customs on behalf of the Ministry of Finance on four products.

The Ministry of Mines is responsible for policies regarding the metal, precious stones, and coal subsectors. The Department of Mines, under the Ministry, is responsible for, inter alia: scrutinizing the application for mineral exploration and issuing permits in accordance with the Mines Law; implementing measures to protect the environment from pollution related to mining and related operations (e.g. environmental impact assessments, social impact assessments, and health impact assessments).

Table A2. 2 Main trade-related ministries and agencies
Department/Agency: Ministry of Mines
Main responsibility: Mining, issuing licences to mineral explorations, conducting environmental impact assessment

There is no legislation regarding GMOs. The authorities indicated that the importation of GMOs is not subject to special procedures or restrictions. Dominica is a contracting party to the IPPC, and a member of the Codex Alimentarius Commission. It is not a member of the OIE.