A/HRC/42/CRP.3 Patron Group of the MEHL.109 The Mission has named both as being responsible for crimes under international law110 and the United States has sanctioned both individuals111 due to their involvement in gross violations of human rights.112 53. While MEHL and MEC are not State-owned enterprises under Myanmar’s Economic Enterprise Law,113 all shares in MEHL are held and managed by current or former military officers, regiments and units, and organizations led by former servicemembers.114 MEHL is a public limited company and MEC is a private limited company that is registered as a public holding company. This makes MEHL marginally more accountable than MEC, which operates in secrecy and is only accountable to the highest level of the Tatmadaw. While MEHL, MEC and MEC Ltd. have submitted annual filings to the Directorate of Investment and Company Administration (DICA) in line with the requirements under Section 27 of Myanmar’s new Company Law, as well as financial statements, they are not required to public disclose such filings. A new DICA directive, which entered into force in February 2019 requires the submission of annual reports to DICA.115 54. Although little is known about MEHL’s corporate governance, the company’s Patron Group includes seven of the most senior members of the Tatmadaw. The Commander-inChief is the Chairman and the Deputy Commander-in-Chief (who is also the Commander in Chief of the Army) serves as the Vice Chairman. The Adjutant General is the Committee’s Secretary. Its membership also includes the Joint Chief of Staff and the commanders-in-chief of the Navy and Air Force, as well as the Quartermaster General.116 Additionally, MEHL has an eleven-person Board of Directors, of which seven are serving military officers and four are veterans. The Board of Directors is chaired by the Adjutant General and managed by the Director for Military Procurement. The Board also includes the Chiefs of Staff of the Army, Navy and Air Force, as well as the Inspector General and Judge Advocate General. Four representatives of the Myanmar War Veteran’s Organization also sit on the board. 117 109 110 111 112 113 114 115 116 117 20 Digital records 2005 and 2008; The Union of Myanmar Economic Holdings Ltd. (Ministry of Defense), Announcement of Status Change to a Public Company, 30 March 2016 “Announcement to Shareholders.” A/HRC/39/CRP.2, paragraphs 1554 and 1555. U.S. Department of State, “Public Designation, Due to Gross Violations of Human Rights, of Burmese Military Officials,” Press Statement by Michael R. Pompeo, 16 July 2019 (https://www.state.gov/public-designation-due-to-gross-violations-of-human-rights-of-burmesemilitary-officials/). See Annex II. Myanmar Economic Holdings Limited (MEHL) and Myanmar Economic Corporation (MEC). Andrew Bauer, Arkar Hein, Khin Saw Htay, Matthew Hamilton and Paul Shortell, “State-Owned Economic Enterprise Reform in Myanmar: The Case of Natural Resource Enterprises,” Natural Resource Governance Institute, January 2018. Clare Hammond, “Military-owned MEHL applies to become public company,” Myanmar Times, 1 April 2016 (https://www.mmtimes.com/business/19799-military-owned-mehl-applies-to-becomepublic-company.html), citing Announcement 90/2016 published in the Tatmadaw-run Myawaddy newspaper, signed by the MEHL board of directors, which states that all “A Type” shares, formerly held by the Ministry of Defense and Directorate of Defense Procurement, would be transformed into “B Type” shares, held by military personnel, ex-servicemen, regiments and units, and veterans organizations. For more information on MEC shareholders, which are exclusively active-duty military personnel, see Aung Min and Toshihiro Kudo, “Business Conglomerates in the Context of Myanmar’s Economic Reforms,” pg. 154. Thiha, “Companies Must Submit Annual Reports to DICA Starting February 2019,” ConsultMyanmar, 17 September 2018 (https://consult-myanmar.com/2018/09/17/companies-must-submitannual-reports-to-dica-starting-february-2019/); Nan Lwin, “Companies Law to Take Effect in Shadow of Rakhine Crisis, Civil War,” The Irrawaddy, 28 June 2019 (https://www.irrawaddy.com/business/lauded-companies-law-to-take-effect-in-shadow-of-rakhinecrisis.html); Company Directors Guide: A Guide to the Myanmar Companies Law 2017, Directorate of Investment and Company Administration, see: “Submit an Annual Return Each Year” and “Lodgement of Forms and Documents”. Digital record 2008. Digital record 2008; See Annex II. Myanmar Economic Holdings Limited (MEHL) and Myanmar Economic Corporation (MEC).