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4.29. According to the State-Owned Economic Enterprise (SEE) Law, 1989, the Forestry Policy, 1995, and the Forestry Law, 2018, the MTE has exclusive rights regarding commercial timber harvesting and milling, and marketing of timber and its products. Harvesting under a joint venture with the MTE or by private contract on behalf of the MTE is not permitted. The management of natural forests and forest areas is closed to private investment, except for the reduction of carbon emissions (...).

4.30. (...) The Extraction Department of the MTE extracts targeted round logs annually and transfers them to the Export Marketing Milling Department. Current forestry policy is to extract timber below the Annual Allowable Cut (AAC), which is established based on an area limit, time-limit, and girth limit of the trees. According to the authorities, timber is extracted below the AAC to adjust for excessive timber extraction in the past. Good-quality logs are sold by monthly open tender to local and foreign companies. Inferior-quality logs are transferred to MTE sawmills and wood-based industries for processing; the sawn timber and wood-based products are then sold by monthly open tender. The Pricing Committee establishes a floor price for each lot on sale. Participation in tenders is subject to a bank guarantee of USD 10,000.

4.31. Under the Forest Law, the private sector may invest in forest plantations under long-term lease. The Forest Department is permitted to lease forest land for the establishment of teak plantations of up to 500 acres, plantations of other hardwoods of up to 100 acres, and industrial plantations of up to 100 acres. (...) As an incentive for private-sector investment, a low rental fee is charged for leasing the forest land to establish a plantation (MMK 1,000 per acre per year).

4.32. FDI in the manufacture of forest products is prohibited. FDI is allowed in the following areas, as authorized by the MOECAF: (i) establishment of forest plantations (e.g. teak, hardwood, rubber, bamboo, and rattan); (ii) wood-based industries and businesses related to forest plantations; (iii) eco-tourism; and (iv) high-tech research for the forestry sector, such as production and conservation of quality teak.

4.33. Myanmar's timber export policy is as follows:
a. A ban on exports of round logs has been in place since 1 April 2014, to preserve Myanmar's dwindling forest cover, in particular, teak forests. The export prohibition also applies to boule-cut logs, baulk-square timber, and confiscated timber. The rationale of the export ban is to promote exports of processed products and fulfil the requirements for raw materials by the local milling industry.

4.33. Myanmar's timber export policy is as follows:
b. Round logs and sawn timber sold by open tender may be processed locally by private mills, and the products may then be exported under the supervision of the Forest Department. Export commodities are sold in foreign currencies. A Certificate of Legality issued by the Forest Department is required.

4.33. Myanmar's timber export policy is as follows:
c. A forestry resource tax is levied as a 5% SGT on logs and different types of timber; and as a 10% SGT on exports of logs and different types of timber (Section (11)(b) of the Union Taxation Law, 2019). The tax applies to private and government entities.

4.34. Imports of sawn timber and forest products are subject to a recommendation issued by the Forest Department.

4.37. The authorities stated that the WTO fisheries subsidies negotiations are important for Myanmar. Losses due to illegal, unreported, and unregulated fishing are a particular challenge. In the WTO negotiations, Myanmar pursues its interests as part of the LDC Group.

4.38. The Department of Fisheries (DOF) of the MOALI is responsible for the management, conservation, licensing, and development of fisheries resources. The Monitoring, Control and Surveillance Scheme for the management of the marine fisheries was launched in 2019, and actions against violating vessels started in 2020. (...)