A/HRC/42/CRP.3 Figure 2: Foreign company joint ventures with MEHL and MEC by Industry C. Arms and military equipment suppliers 147. As a result of the Mission’s findings that there are reasonable grounds to conclude that the Tatmadaw has been directly involved in gross violations of human rights law and serious violations of international humanitarian law, as well as acts of genocide, crimes against humanity and war crimes, the Mission recommended that States should not authorize the transfer of arms to Myanmar, considering States’ knowledge that they would be used to commit such crimes, or, at a minimum, the overriding risk that the arms would undermine peace and security or be used to commit or facilitate the commission of further serious crimes under international law.355 148. A considerable number of States – including the United States,356 the 28 member countries of the European Union,357 Canada358 and Australia359 – have long-standing arms embargoes in place against Myanmar. Some have taken steps in the aftermath of the “clearance operations” that began in August 2017 to widen the scope of their restrictive measures. For instance, in February 2018, the European Union Council, expanded its arms embargo on Myanmar, which already covered arms, munitions and military equipment, to prohibit also the export of dual-use goods for military and Border Guard Police use, and restrict the export of equipment for monitoring communications, as well as military training and cooperation.360 149. The Mission reaffirms its recommendation against the transfer of arms to Myanmar. The Tatmadaw has orchestrated and promoted the perpetration of violations of international law in various parts of Myanmar over many years and has done so in a climate of near total impunity. The Tatmadaw’s strong and unified military command structure, over which its most senior generals preside, is largely responsible for these violations. Given these circumstances, and the Tatmadaw’s use of weapons, military vehicles, navy vessels and 355 356 357 358 359 360 A/HRC/39/CRP.2, paragraph 1709. United States, Code of Federal Regulations, Title 22 §126.1 - Prohibited exports, imports, and sales to or from certain countries. Stockholm International Peace Research Institute, “EU arms embargo on Myanmar (Burma),” (https://www.sipri.org/databases/embargoes/eu_arms_embargoes/myanmar). Government of Canada, “Canadian Sanctions Related to Myanmar,” (https://international.gc.ca/world-monde/international_relationsrelations_internationales/sanctions/myanmar.aspx?lang=eng). Australian Government, “Sanctions Regimes: Myanmar,” (https://dfat.gov.au/internationalrelations/security/sanctions/sanctions-regimes/Pages/myanmar.aspx), Stockholm International Peace Research Institute, “EU arms embargo on Myanmar (Burma),” (https://www.sipri.org/databases/embargoes/eu_arms_embargoes/myanmar). 53