UFormation of International Non-Governmental Organizations in Myanmar

This memorandum summarizes the legal and regulatory procedures involved in the formation of International Non-Governmental Organizations (“INGOs”) in the Republic of the Union of Myanmar (“Myanmar”).

A. URegulatory Framework

Current legislation on the establishment and operation of INGOs in Myanmar includes:- (1) Law Relating to Registration of Organizations (Law No. 31/2014) (2) Guidelines for UN Agencies, International Organizations and NGO/INGOs on Cooperation Programme

in Myanmar (the “Guidelines”).

B. UProcedures for Registration NGOs/INGOs which are implementing socio-economic development projects within Myanmar must sign Memorandum of Understanding ("MoU") or similar agreements with the relevant Ministry concerned with the particular project activity (the “Concerned Ministry”). • Draw a draft MoU in Myanmar and English version with Concerned Ministry and request for a

recommendation letter from Concerned Ministry.

• The Concerned Ministry will specify whether it is necessary to obtain clearance for the name and logo of INGOs/NGOs. If clearance must be obtained, the concerned Ministry will give a guideline as to the procedure to check the name and logo.

• The Concerned Ministry shall then proceed to scrutinize the draft MoU carefully and submit the draft MoU to the Ministry of National Planning and Economic Development ("MNPED") and Ministry of Foreign Affairs ("MOFA") for their respective comments and recommendations.

• After getting the recommendation letter and necessary approvals from MNPED and MOFA, the next step is to register the INGO at the Union Registration Body with the prescribed forms and relevant documents.

• Union Registration Body shall scrutinize the form and documents and if all is in order, Union Registration Body shall issue the Temporary Registration Certificate within (7) days (not including the Gazetted Holidays) . .

• The original registration certificate shall be issued within (90) days from the date of application after scrutinizing that the organization is not affect the tranquility, prevalence of law and order.

• Terms of Registration Certificate is (5) years. Registration fee is 100,000/- Kyats. • If the application for registration is declined, the reasons of decline shall be informed to the applicant by

writing within (30) days. • The organization that is not permitted to register has the right to discuss with the concerned registry

body in order to amend and has the right to refile. •

C. URenewal of registration Certificate

• All the registered International Non-Governmental Organizations shall be renewed after the period of (5) years. There is no renewal fee.

D. UOrganization not permitted to form The following organization shall not be formed under this Law: - Organizations which pursue religious and business activities; - Organizations which formed under the Political Parties Registration Law with the Union Election

Commission; - Organizations registered under any existing laws.

E. UChecklist

(i) UMemorandum of Understanding (“MoU”) The MoU shall be in line with the objectives of the Guidelines. If not, necessary negotiations shall be made with the Concerned Ministry until the MoU is consistent and in line with the objectives of Guidelines. In the MoU, the following facts shall be required to include:- • Background history of INGO • Objective of INGO • Benefit of people in project area by this MoU • Program Description • Estimated Budget for (2 or 3) years • Responsibility of INGO • Timeframe and other terms of Agreement

The following supporting documents must be annexed with MoU:- • Project or Program Logframe Matrix (for each program) • Report of Progress and Achievements against Logframe for 6 Month period • Budget expenditure of State or Regional based program for Year (1) • Budget expenditure of State or Regional based program for Year (2)

UAdditional Instructions Languages: The application letter must be submitted in both English and Myanmar original versions. Signing authority : The proposed person must sign both English and Myanmar application letters. Number of originals: One in English and one in Myanmar language. (ii) UApplication prescribed form

Please see the forms enclosed hereto (Annex 1, 2 and 3). The original prescribed forms are in Myanmar Language. The forms are designed to provide basic information about the INGO, list of executive members and Curriculum Vitae of Executive members including:- - full name and address of its headquarters; - details of principles and operational objectives; - details of organization programs, projects and planned activities in Myanmar; - reasons for wanting to establish the organization; - intended location in Myanmar; and - proposed number of foreign and local employees working for the organization.

UAdditional Instructions

Languages : The application letter must be submitted in both English and Myanmar original versions. Signing authority : The proposed person must sign in both English and Myanmar application form.

(iii) ULetter of Appointment of Representative

Please see the form attached hereto (Annex 4) for your reference. This letter must be printed out with the letterhead of the Organization.

(iv) UPower of Attorney for Forming of INGO in Myanmar

Please see the form attached hereto (Annex 5) for your reference. This letter must be printed out with the letterhead of the Organization and notarized and consularized at the Myanmar Embassy.

(v) UList of Documents to be attached with the prescribed form

The following documents to be attached with the prescribed form:- - Headquarter Registration Card

- Organization profile - Organization Chat - Details of organization background; - Details of financial sources and budget; - List of proposed Employees and Detail CVs of Employees - Passport or National registration card copies of each executive members and employees - Passport size photos of each executive members and employees

F. UEmployment Matters The Guidelines prescribe various official approvals and requirements for the appointment of foreign and local staff of INGOs /NGOs. All UN Agencies, International Organizations and INGOs/NGOs are also subject to existing Myanmar labour laws, rules, regulations, notifications, orders, directives and procedures. With regard to the appointment of foreigner staffs for Myanmar Office, INGOs/NGOs must apply for approvals from the Concerned Ministry and report to the MNPED, MOFA and MOHA. Application for long-term stay permit would require clearance from MNPED and the Concerned Ministry.

G. URegulatory Obligations of INGOs operating in Myanmar (a) Reporting INGOs in Myanmar shall provide monthly and quarterly reports to the Concerned Ministry as well as to the MNPED from time to time. U(b) Management The Concerned Ministry will coordinate the matters on importation of equipment and motor vehicles for the project as well as the entry visa for the officials/mission from the Headquarter in accordance with the rules and regulations relating to immigration matters in Myanmar. U(c) Opening Bank Account The INGO’s bank account can be opened at any state bank or private bank for all incoming project funds and withdrawn/used for project expenditures. The INGO must coordinate in advance with the Concerned Ministry on all budget allocation matters.

Annex 1

Form 3

Application for formation of INGO

1. Name of INGO ---------------------------------------------

2. Principal’s name of INGO ------------------------------------------------

3. Responsible person’s name of INGO -------------------------------------------------

4. Venue of INGO -------------------------------------------------

5. Contact Phone No./Fax No. -------------------------------------------------

6. Country of Origin -------------------------------------------------

7. Programme to be implemented in Myanmar -------------------------------------------------

------------------------------------------------

8. Concerned Ministries for proposed Programme ----------------------------------------------

9. Proposed Programme (Attach the Statement) -------------------------------------------------

10. Executive Members in INGO -------------------------------------------------

11. Venue of Branch Office (if any) -------------------------------------------------

12. Name of In-charge in Branch Office -------------------------------------------------

13. Branch Office Phone No./ Fax No. -------------------------------------------------

14. Date of Registration Applied -------------------------------------------------

Applicant

Signature ----------------------------------

Name ----------------------------------

Designation in INGO------------------------------

National Registration Card----------------------

Address ---------------------------------------------

Photo of

Principal

Annex 2

Form 4

List of Executive Members in INGO

Name of INGO and address ---------------------------------------------

---------------------------------------------

---------------------------------------------

Application Date ---------------------------------------------

No. Name of Executive member and position

Name of Father and Mother

Current Occupation and residential address

Previous Occupation

National Registration Card

Annex 3

Curriculum Vitae of Executive Member

1. Name of Executive member ----------------------------------

2. Name of Father and Mother -----------------------------------

3. Date of Birth -----------------------------------

4. Education --------------------------------------------

5. Race / Religious --------------------------------------------

6. National Registration Card --------------------------------------------

7. Current Occupation --------------------------------------------

8. Previous Occupation --------------------------------------------

9. Current Position in INGO --------------------------------------------

10. Name of Husband / Wife --------------------------------------------

11. Residential Address / Contact Phone No. --------------------------------------------

--------------------------------------------

I hereby undertake to carry on the beneficial interest of the Citizens without violate or contrary any existing laws

relating to the National security, community peace and tranquility, prevalence of Law and Order or public morality.

Signature ---------------------------------

Name ---------------------------------

Date ---------------------------------

Annex 4

(Printed on the Letterhead of the Organization)

Letter of Appointment

photo

KNOW ALL MEN BY THESE PRESENTS:

That the ___________________(Organization’s name)_____________________________ organized under the laws of the ____________________________________________________________________ having its principal office at __________________________________________________________________________________________is desirous of making appointment of Mr / Ms______________________________________(Passport No._________________________) as the representative of the Organization with full powers of authority to do and undertake all acts on the Organization’s on behalf to execute and submit the necessary documents in respect of the establishment of Organization.

On behalf of the Organization, submit application, to receive and certify the necessary certificates and documents, to undersign for the Organization, to open bank accounts and to manage them, to sign contracts and to give Power of Attorney, to perform all other operations connected to the activities of the Organization in the Republic of the Union of Myanmar.

We hereby certify that the above is a true extract of the original resolutions passed by the executive members on the _____________day of _________.

Signature

_____________________

Chairman

Annex 5

(Printed on the Letterhead of the Organization)

POWER OF ATTORNEY

We, ________(Organization’s name)_______________, registered under the law of ___________________,Organization Registration No. ___________________________ registered office at ________________________________________________________ (hereinafter referred to as the “Grantor”) hereby authorize Mr. / Ms. _______________________________________(Passport No.______________________________________) Nationality of ____________________________to liaise with the following authorities as indicated below on our behalf:

1. to sign and to file all necessary documents required for the registration of in Myanmar;

2. to do all other acts and things which may be necessary in order to render the foregoing powers and authority

valid and effectual to all intents and purposes according to the laws and customs of Myanmar.

This authorization will expire when the above tasks have been completed.

Signature

____________________

Chairman