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Miscellaneous

Posted by an@w on 2:56 AM in
31. The provisions of this Law shall not apply to State-owed Economic Organizations.

32. License holders have the right to form associations relating to their enterprise only by registering in accordance with the Myanmar Companies Act.

33. Offences prosecuted under this Law are prescribed as cognizable offences.

34. During the period in which the Government has not been able to form the Directorate under12, the duties and powers of the said Directorate shall be performed and exercised by the Directorate of Trade.

35. No suit or prosecution shall lie against any public servant for anything, which is done in good faith in pursuance of this Law.

36. For implementing the provisions of this Law, the Ministry concerned-

may with the approval of the Government, issue necessary procedures;
may issue necessary orders and directives.



(Sd.) Saw Maung
Senior General
Chairman
The State Law and Order Restoration Council

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Offences and Penalties

Posted by an@w on 2:56 AM in
26. Whoever violates the provision of section 22 shall, on conviction be punished with imprisonment for a term which may extend to 3 years or with fine which may extend to kyats 30,000 or with both.

27. A license-holder who violates the provision of section 23 shall, on conviction be punished with imprisonment for a term which may extend to 2 years or with fine which may extend to kyats 20,000 or with both.

28. Whoever violates the provision of section 24 shall, on conviction be punished with imprisonment for a term which may extend to 2 years or with fine which may extend to kyats 20,000 or with both.

29. Whoever violates provision of section 25 may, oil conviction be punished with fine which may extend to kyats 10,000.

30. Whoever abets or attempts or conspires in the commission of any offence under this Law shall be punished with the punishment provided for that offence in this Law,

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Prohibitions

Posted by an@w on 2:55 AM in
22. No one shall engage in any tourism industry under section 6 or section 7 without a license.

23. A license-holder-

shall not violate any condition contained in the license;

shall not violate any prohibition contained in an order, notification or directive issued from time to time by the Commission or the Directorate.

24. No one shall interfere or obstruct the Inspector in the discharge of his duties.

25. No one shall form an association relating to the tourism industry without registering in accordance with the Myanmar Companies Act.

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Appeals

Posted by an@w on 2:54 AM in
20. An applicant for a license or a license-holder dissatisfied with the order or decision passed by the Directorate may file an appeal to the Minister concerned within 30 days of the receipt of such order or decision.

21. The decision of the Minister concerned shall be final.

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Invalidation of License

Posted by an@w on 2:54 AM in
17. The License is invalidated when any of the following events occur:

death of the license-bolder;

expiry of the term of the license;

revocation or cancellation of the license;

surrender of the license by the license-holder when he wishes to discontinue his business.

18. If the Directorate finds after investigation that the license-holder has discontinued his business, the said license may be deemed to have become invalidated.

19. The license-holder shall surrender the license invalidated under section 17 to the Directorate or the State/Division, Township Zone or Township Office of the Directorate within 15 days from the date on which it was invalidated.

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Inspection and Taking of Action

Posted by an@w on 2:53 AM in
15. The Inspector shall carry out the following duties: -

inspecting the tourism industry within the area for which he has undertaken responsibility or within the area specially assigned and investigating as may be necessary;
taking action in accordance with the procedures against a person who has violated any prohibition contained in this Law;
carrying out duties assigned from time to time by the Directorate.

16. The powers of the Inspector are as follows: -

calling for and copying records, accounts and other supporting documents relating to the industry, and inspecting articles relating to the industry in order to examine whether or not a license-holder has complied with the conditions of the license;
having the right to examine in accordance with this Law any building, vehicle or person relating to the tourism industry.

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Formation, Duties and Powers of the Directorate

Posted by an@w on 2:52 AM in
12. In order to operate the Tourism Industry systematically in accordance with the provision of this Law, the government shall form a Directorate

13. The duties and powers of the Directorate are as follows: -

carrying out in accordance with the policies laid down by the Commission;
implementing for the systematic development of the tourism industry;
carrying out for the promotion of the tourism industry;
carrying out to improve the quality and to raise the standard of tourism industry and to disseminate technical knowledge relating thereto;
supervising the tourism industry in accordance with the provisions of this Law;
prescribing and revising the license fee and
other taxes and duties;
issuing, refusing, suspending, revoking or canceling the license;
appointing Inspectors to inspect the tourism industry;
carrying out the duties and powers assigned from time to time by the Commission and the Ministry concerned.

14. The Directorate may, in consultation with the departments concerned stipulate conditions relating to foreign currency earned by the license-holder from the tourism industry.

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Duties and Rights of the License-holder

Posted by an@w on 2:51 AM in
8. The license-holder shall pay the license fee and other duties and taxes prescribed by the Directorate.

9. The license-holder shall abide by the conditions contained in the license.

10. The license-holder shall abide by the order, notification and directives issued from time to time by the Commission or the Directorate,

11. The license-holder dissatisfied with the order or decision of the Directorate relating to the license has the right to file an appeal to the Minister of the Ministry concerned.

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Application for License

Posted by an@w on 2:50 AM in
6. A person desirous of operating any of the following businesses of tourism industry for international tourists or foreign visitors shall apply for a license to the Directorate in the prescribed form-

(a) Tourist Enterprise;

(b) Hotel Business;

(c) Lodging-House Business;

(a) Tourist transport Business;

(e) Tour Guide Business;

(f) Businesses prescribed from time to time as a Tourism Industry by the Commission.

7. The Directorate may prescribe the types of business to be operated under a license for domestic tourists from among the businesses contained in section 6.

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Formation, Duties and Powers of the Commission

Posted by an@w on 2:49 AM in
The Government shall, by notification form the Myanmar Tourism Commission

The duties and powers of the Commission are as follows: -

laying down the policies of Tourism;
causing the implementation of the systematic development of the to tourism industry;
designating of areas in which cultural and natural heritage exist as tourism zones;
giving guidelines for international relations with regard to the tourism industry;
giving guidelines for improving the quality and raising the standard of tourism industry and dissemination of technical knowledge relating thereto;
determining an economic enterprise operating any of the services such as health, knowledge, recreation, and entertainment for tourists as a tourism industry;
submitting to the government from time to time the activities carried out;
carrying out the duties and powers assigned from time to time by the Government.

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Basic Principles

Posted by an@w on 2:48 AM in
Tourism industry shall be operated in accordance with the following basic principles: -

prevention of infringement of the sovereignty and security of the State;
betterment of the interests of Myanmar and its citizens;
contributing to the friendship, understanding and unity of the national races through tourism industry;
preservation and development of ancient historical sites and monuments, traditional arts and custom of the national races, which are the cultural heritage of Myanmar;
preservation and development of natural scenic beauty and natural environmental heritage of Myanmar;
contributing to international friendship and understanding through tourism industry;
development of technical knowledge relating to tourism industry and opening up of more employment opportunities;
providing security and satisfaction of tourists.

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Title and Definition

Posted by an@w on 2:47 AM in
1. This Law shall be called the Myanmar Tourism Law.

2. The following expressions contained in this Law shall have the meanings given hereunder

Tourist means a person travelling from his place of residence to another place for a visit. This expression also includes a domestic tourist, international tourist and a foreign visitor;

Tourism Industry includes tourist enterprise, hotel business, lodging-house business, tourist transport business, tour guide business and business which are prescribed by the Myanmar Tourism Commission as tourism industry;

Tourist Enterprise means an economic enterprise which a tour operator business or travel agency business or both;

Hotel Business means an economic enterprise, which provides accommodation and food, beverage and other services for tourists. This expression also includes restaurant business opened at the hotel or within its premises;

Lodging House Business means an economic enterprise, which provides only accommodation for tourists. This expression also includes guesthouse business, boarding-house business or similar lodging business;

Tourist Transport Business means an economic enterprise, which provides transport to tourists within a town or from one town to another or to any locality within the country;

Tour Guide Business means an economic enterprise, which provides tour service to tourists;

Commission means the Myanmar Tourism Commission formed under this Law;

Directorate means the Directorate formed by the Government under this Law;

Inspector means the Directorate or a person assigned by the Directorate in order to inspect tourism industry contained in this Law;
License means a permit issued by the Directorate to operate any t~in5m industry;
License-ho1der means a person who has the right to operate any tourism industry under this Law

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Burmese Women Not Allowed to Marry Foreigners

Posted by an@w on 3:20 AM in
Burmese authorities have been instructed by the government to block marriage ceremonies between Burmese women and foreign men, according to legal sources.

Burmese law allows marriages between Burmese citizens and foreigners, provided they give divisional courts 21 days notice.
“That law is now being suspended on the instructions of the government,” legal adviser Aung Thein told The Irrawaddy.

Aung Thein suggested the suspension of the law could be aimed at preventing human trafficking, but he described it as unfair. “It will prohibit the rights of couples if they truly love each other and want to get formally married,” he said.

The Rangoon journal Flower News journal reported this month that local brokers were involved with foreigners in trafficking Burmese women.

Lawyer Kyaw Hoe, said the suspension of the marriage law dates back to an incident five years ago when a young woman committed suicide after being forced by her parents to marry a foreigner.

“Since then all legal practitioners, including notaries, have not been allowed to officiate marriages between foreigners and Burmese women,” Kyaw Hoe said.

A well known Mandalay woman writer on social issues said Burmese should be free to marry whomever they wished. “I don't have any objection as long as it is not human trafficking,” she told The Irrawaddy, anonymously.

A representative of a Rangoon-based Myanmar Women Entrepreneurs' Association pointed out that Burmese women abroad had the right to marry whomever they liked.

A Burmese woman who married a foreigner 11 years ago and now lives in Thailand said: “What is most important is understanding and loyalty to each other. Race or religion don't matter.”

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Myanmar Customs, Currency and Airport Tax regulations details

Customs Rules
Import regulations::

Free import:
- 200 cigarettes, 50 cigars or 1/2 lb. of tobacco;
- one quart of alcoholic liquor;
- one pint bottle of perfume or Eau de Cologne.
Additional Information on regulations::

All jewellery, electrical goods and cameras must be declared to customs at the airport. Video cameras will be kept in safe custody at the airport and will be returned on departure.
Export regulations::

The export of tobacco products and alcoholic beverages is only allowed with a licence. Travel souvenirs and all imported goods require an export permit.
Crew members customs regulations::

Same regulations as for passengers apply.
Pets::

Pets may accompany passenger provided they are accompanied by a health certificate.
Baggage Clearance regulations::

Baggage is cleared at the international airport in Myanmar.


Airport Embarkation Tax

Airport Tax is levied on all passengers leaving Myanmar on international flights: USD 10.-.
Place of payment: Yangon Airport.
Exempt:
1. Transit passengers who continue their journey by the same aircraft.
2. Crew members on duty.



Currency rules

Local currency (Myanmar Kyat-MMK): prohibited from both import or export.
Currency Import regulations:

Foreign currencies: unlimited, provided declared upon arrival. Additional information: Alien residents of Myanmar (including foreigners entering Myanmar on a visa for a period of stay exceeding six months) and nationals of Myanmar must change their imported foreign currencies within one month after arrival at an authorized dealer/money changer.
Currency Export regulations:

Residents: foreign currencies: up to the equivalent of MMK 50.-; Non-residents: foreign currencies: if staying in Myanmar
- during 6 months or less: up to the amount imported and declared. Only 1/4 of foreign currencies changed into MMK may be reconverted when leaving Myanmar. If traveller's cheques are cashed, only 1/4 of last cheque may be reconverted.
- more than 6 months: up to the equivalent of MMK 50.-.

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