Notification No. 15 /2017 of the Myanmar Investment Commission regardig to the List of Restricted Investment Activities

1 Manufacturing of products for security and ISIC 2520 defence being specified by the notification of the Government from time to time

2 Manufacturing and related services of Arms and ISIC 2520,CPC 447 ammunition for the national defence

3 Issuing the national postage stamps; ISIC 1811, 1812 establishment and hiring of post office and post CPC 326 boxes which are only to be performed by the post office operator on behalf of the Union

4 Air Traffic Services See Definition/Scope

5 Pilotage Services CPC 6752

6 Management of natural forest and forest area CPC 7221/72212 except the business relating to reduction of carbon emission

7 Feasibility study and production of radioactive ISIC 0721/07210 metals such as uranium and thorium

8 Control of electric power system CPC 8631

9 Inspection of Electrical business CPC 8631 2 (B) Investment activities that are not allowed to be carried out by foreign investors Sr. No. Types of Investment Businesses Industrial Code (1) (2) (3)

1 Publishing and distribution of periodicals in ISIC 5813, CPC 3241, ethnic languages including Myanmar 8911, 8912

2 Fresh water fisheries and relevant services ISIC 0312, CPC 0421, 8615

3 Establishment of quarantine station for CPC 8352, 8359, 8612, exportation and importation of animals (Livestock Breeding and Veterinary Department shall undertake to inspect animals and to issue permits)

4 Pets care service CPC 8351, 86129

5 Manufacturing of forest products from forest ISIC 0220, 0230 area and government administered natural forest

6 Prospecting, exploration, feasibility study and ISIC 0510, 0520, production mineral for small and medium scale 0710, 0721, 0729, businesses in accordance with the Mines Law 0990

7 Refinement of minerals by medium scale and ISIC 2410 small scale

8 Performing shallow oil wells up ISIC 0610

9 Printing and issuing sticker for visa and stay ISIC 5819, CPC permit for foreigners 89122,91210

10 Prospecting, exploration and production of ISIC 0990, 3211 jade/gem stones

11 Tour-guide service CPC 8555

12 Mini-market, convenience store CPC 62 (Floor area must be below (100 ft.x100 ft.) 10,000 square feet or 929squaremeter ) 3 (C) Investment activities allowed only in the form of a joint venture with any citizen owned entity or any Myanmar citizen Sr. No. Types of Investment Remark Industrial Code Businesses (1) (2) (3) (4)

1 Construction for Fish This shall be carried out in ISIC 5210 Landing Site/ Fishing accord with the law, procedure, Harbour and Fish Auction directive and regulation of the Market Fishery Department.

2 Research activities related This shall be carried out in CPC 8114 with fishery accord with the law, procedure, directive and regulation of the Fishery Department.

3 Veterinary clinic This shall be carried out in CPC 8351, 8352, accord with the law, procedure, 8559 directive and regulation of the Livestock Breeding and Veterinary Department.

4 Cultivation of crops in - ISIC 011/ 0111, agriculture land, distribution 0112, 4631, 46312, them to the local market and 4759, 47593 exporting them

5 Manufacturing and domestic - ISIC 1511, 1512, marketing of plastic products 1520, 46312, 4759, 47593

6 Manufacturing and domestic - ISIC 2011, 202, distribution of chemicals based 46312, 4759, 47593 on available natural resources

7 Manufacturing and domestic - ISIC 201, 202, distribution of flammable solid, 46312, 4759, 47593 liquid, gaseous fuels and aerosol (Acetylene, Gasoline, Propane, Hair Sprays, Perfume, Deodorant, Insect spray)

8 Manufacturing and domestic - ISIC 201, 202, 46312, marketing of oxidants 4759, 47593 (Oxygen, Hydrogen Peroxide), compressed gases (Acetone, Argon, Hydrogen, Nitrogen, Acetylene)

9 Manufacturing and domestic - ISIC 201, 2012, marketing of corrosive 46312, 4759, 47593 chemicals (Sulphuric Acid, Nitric Acid) 4 Sr. No. Types of Investment Remark Industrial Code Businesses (1) (2) (3) (4)

10 Manufacturing and - ISIC 201, 202, distribution of industrial 46312, 4759, chemical gases including 47593 compressed, liquefied and solid forms

11 Value added manufacturing and - ISIC 1074m 46312, domestic distribution of cereal 4759, 47593 products such as biscuits, wafers, all kinds of noodles and vermicelli

12 Manufacturing and domestic - ISIC 1073, 46312, distribution of all kinds of 4759, 47593 confectionery including those of sweet, cocoa and chocolate

13 Manufacturing, preserving, - ISIC 1075, 46312, canning, processing and 4759, 47593 domestic distribution of food products except milk and dairy products

14 Manufacturing and domestic - ISIC 1103, 46312, distribution of malt and 4759, 47593 malt liquors and non- aerated products

15 Manufacturing, distilling, - ISIC 1101, 1102, blending, rectifying, bottling 46312, 4759, 47593 and domestic distribution of all kinds of spirits, alcohol, alcoholic beverages and non-alcoholic beverages

16 Manufacturing and domestic - ISIC 1079, 46312, distribution of all kinds of 4759, 47593 purified ice

17 Manufacturing and distribution - ISIC 1105 of purified drinking water

18 Manufacturing and domestic - ISIC 2023/ 20231, distribution of all kinds of 46312, 4759, 47593 soap

19 Manufacturing and domestic - ISIC 2023/ 20232, wholesale of all kinds of 46312, 4759, 47593 cosmetic products 5 Sr. No. Types of Investment Remark Industrial Code Businesses (1) (2) (3) (4)

20 Development, sales and - ISIC 4100/ 41001, lease of residential apartments 6810, CPC 5411, and condominiums 7211

21 Local tour service - CPC 8554

22 Transportation Agency - CPC 93121 for patients to overseas hospitals 6 (D) Investment activities to be carried out with the approval of the relevant ministries Sr. No. Types of Investment Businesses Restriction Industrial Code (1) (2) (3) (4)

1 Investment activities to obtain the approval of the Ministry of Home Affairs

1 Manufacturing and distribution of This business shall be ISIC 2100 medicines which are produced by carried out in compliance using narcotic and psychotropic with Rules relating to the substances Supervision of Controlled Precursor Chemicals

2 Investment activities to obtain the approval of the Ministry of Information

1 Cross ownership between Print - ISIC 6010, 6020, Media and Broadcasting Media CPC 8912, 846, Service 9616

2 Publishing of periodical - ISIC 1811, 5813, newspapers in foreign languages CPC 3241, 8911, 8912 ,

3 Broadcasting FM radio - ISIC 6010, programmes CPC 8461, 8462

4 Broadcasting Direct to Home - ISIC6020, (DTH) programmes CPC 846

5 Broadcasting DVB-T2 programmes - ISIC6020, CPC 846

6 Cable TV - ISIC6020, CPC 846

3 Investment activities to obtain the approval of the Ministry of Agriculture, Livestock and Irrigation

1 Investment relation to fisheries - ISIC 03 resources and fish species

2 Marine fishing - ISIC 0311

3 Manufacturing and distribution of This shall be carried out in ISIC 2100 veterinary biological products accord with the law, procedure, directive and regulation of the Livestock Breeding and Veterinary Department.

4 Manufacturing and distribution of This shall be carried out in ISIC 2100 veterinary medicines accord with the law, procedure, directive and regulation of the Livestock Breeding and Veterinary Department. 7 Sr. No. Types of Investment Businesses Restriction Industrial Code (1) (2) (3) (4)

5 Commercial Livestock Farming This shall be carried out in ISIC 014/ accord with the law, 0141, 0142, procedure, directive and 0143, 0144, regulation of the Livestock 0145, 0146 Breeding and Veterinary Department.

6 Breeder farm and hatchery This shall be carried out in ISIC 0146 (poultry) accord with the law, procedure, directive and regulation of the Livestock Breeding and Veterinary Department.

7 Genetical research, genetic This shall be carried out in ISIC 014, 0162 conservation and distribution of accord with the law, (01620), 7500 animal breeds procedure, directive and regulation of the Livestock Breeding and Veterinary Department.

8 Importation, production and This shall be carried out in ISIC 014, 0162 marketing of the animal breeds accord with the law, (breeding animals, frozen semen procedure, directive and straw and embryos) regulation of the Livestock Breeding and Veterinary Department.

9 Laboratory services for the safety This shall be carried out in CPC 8112 of animal feeds and animal accord with the law, (81121), 8351, products procedure, directive and 83520 regulation of the Livestock Breeding and Veterinary Department.

10 Laboratory services for the This shall be carried out in CPC 8351, animal diseases diagnosis accord with the law, 83520 procedure, directive and regulation of the Livestock Breeding and Veterinary Department.

11 Services on research and This shall be carried out in CPC 8351, surveillance for animal health accord with the law, 8352 procedure, directive and regulation of the Livestock Breeding and Veterinary Department.

12 Importing, production, domestic - ISIC 0164, marketing and re-exporting of 46312, 4759, seed 47593 8 Sr. No. Types of Investment Businesses Restriction Industrial Code (1) (2) (3) (4)

13 Importing, production and - ISIC 0130, distribution of varieties of plant 46312, 4759, 47593

14 Manufacturing, storage, distribution and - ISIC 2021, exporting of agricultural pesticide, 2012, 46312, fertilizer, hormone, etc. 4759, 47593

15 Production and exporting of - ISIC 0164 hybrid seeds

16 Laboratory services for - CPC 0161 agriculture

17 Research on agriculture and - CPC 8114 agricultural products

18 Production of seasonal crops - ISIC 01/ 011

4 Investment activities to obtain the approval of the Ministry of Transport and Communication

1 Inspection for Vehicle Registration - CPC 6799

2 Motor Vehicle Driving Training - CPC 6799 School Business

3 Construction of new railway - ISIC 421/ track, stations and buildings 4210, 410/ related to the train operation 4100

4 Train operation - CPC 6739

5 Manufacturing and maintenance - ISIC 3020, of locomotives, carriages, wagons 3315 and spare parts and maintenance of railway

6 Generation of electric power to be - ISIC 3510, used for train operation 35101

7 Dry port services relevant with - ISIC4220/ rail transport 42909, CPC 53112

8 Postal services - CPC 681

9 Telecommunication services - ISIC612, 613, 619

10 Production and distribution of - ISIC2639,4631 satellite communication items 2, 4759 (47593) 9 Sr. No. Types of Investment Businesses Restriction Industrial Code (1) (2) (3) (4)

11 Production and distribution of - ISIC2639, radar communication items and 46312, 4759 related equipment (47593)

12 Production and distribution of - ISIC 2639, radio communication items 46312, 4759, 47593

13 Production and domestic - ISIC 2632, marketing of mobile handset and 46312, 4759, telephone 47593

14 Civil Aviation Training Services - See Definition/ Scope

15 Aircraft Repair and Maintenance - See Definition/ Services Scope

16 Airport Hotel Services - See Definition/ Scope

17 Ground Handling Services - See Definition/ Scope

18 Selling and Marketing of Air - See Definition/ Transport Services Scope

19 Computer Reservation System - See Definition/ (CRS) Services Scope

20 Aircraft Leasing without Crew - CPC 73116 Services

21 Aircraft Leasing with Crew - CPC 66031 Services

22 Air Freight Forwarding Services - See Definition/ Scope

23 Aircraft Line Maintenance - See Definition/ Services Scope

24 Ramp Handling Services - See Definition/ Scope

25 Passenger Handling Services - See Definition/ Scope

26 Baggage Handling Services - See Definition/ Scope

27 Cargo Handling Services - See Definition/ Scope

28 Refueling Service - See Definition/ Scope 10 Sr. No. Types of Investment Businesses Restriction Industrial Code (1) (2) (3) (4)

29 Airport Security Services - See Definition/ Scope

30 Airport Constructions, - CPC 53122, Maintenances, Managements and 53213, 54122, Operations 54619

31 Domestic Air Transport Services - See Definition/ Scope

32 International Air Transport - See Definition/ Services Scope

33 Leasing aircraft related items - ISIC 7730, CPC 7312

34 Maritime Education and Training - CPC 92919 Centre

35 Shipyards capable of operating - ISIC 3011, for building and repairing of ships CPC 6751 and afloat structures

36 Coastal and inland water transport - CPC 6423, 6412 service for passenger

37 Coastal and inland water transport - CPC 6521, 6522 service for cargo

38 Supporting service for water - CPC 652 transport

39 International transport service for - CPC 6423 passenger (not including coastal)

40 International transport service for - CPC 6521 cargo (not including coastal)

41 Vessel leasing without crew - CPC 73115

42 Vessel leasing with crew - CPC 6602

43 Tow Boat & Tug Boat Service - CPC 65219, 65229

44 Ship demolition service - CPC 94312

45 Brokerage service for ship - CPC 67910/ ISIC 5229

46 Survey and Inspection Service for - CPC 67990 Ship's Standard 11 Sr. No. Types of Investment Businesses Restriction Industrial Code (1) (2) (3) (4)

47 The construction of switchback/ - ISIC 4290 slipway, dockyard, wet/dry dockyard, landing and mud dock (a narrow basin at foreshore area for docking), building of jetty and landing stage and vessel landing by drainage in the river-creek boundary, bank boundary and waterfront boundary

48 The construction of warehouse, - ISIC 4100 soils, tanks, container yard and port related infrastructure in the bank boundary and waterfront boundary

49 Construction of inland river-port ISIC 4290

50 Conservation works and - CPC 54232 improvement works of waterways

51 Expansion of port area and port - ISIC 4290 limit area

52 Service for port and waterway - CPC 5222

53 Service for salvage the sunken - CPC 6753 ship

54 Shipping agency service - CPC 5229

55 Deep sea port and international - ISIC 4290 multi-purpose port

5 Investment activities to obtain the approval of Ministry of Natural Resources and Environmental Conservation

1 Extraction of wood in forest land - ISIC 0220 and forest covered land at the disposal of the government

2 Establishment of forest - ISIC 02101, plantations for the production 02102 purpose in forest lands (reserve forests and protected public forest) with long term leases

3 Wood-based industries and - ISIC 02101, related services (Restriction-must 02102, 16 establish the forest plantations)

4 Ecotourism - ISIC 791, CPC 855 12 Sr. No. Types of Investment Businesses Restriction Industrial Code (1) (2) (3) (4)

5 Import, multiplication and sale - ISIC 0164 genetically modified organism and living modified organism

6 High technology research and - ISIC 7210 business related to breeding, culture and production of genetically superior quality seeds, propagules, tissues etc., of valuable and rare flora species

7 Development of high technology, - ISIC 024, research and human resources in 7210, CPC forestry sector 8140

8 Importing, exporting, breeding - ISIC 01, 01499 and production of wild flora and fauna species for commercial purposes

9 Prospecting, exploration, feasibility study - ISIC 0710, and production with foreign 0729, 0899, investment for large scale 0990 production of mineral

10 Prospecting, exploration, feasibility study - ISIC 0710, and small, medium and large 0729, 0899, scale production with citizen 0990 investment for production of mineral

11 Manufacturing and marketing of - ISIC 3211 gems, jewellery and finished products with foreign investment

12 Exploration, finishing and - ISIC 0899, marketing of gems, jewellery and 3211, 3212 its products with citizen investment

13 Pearl culturing and production - ISIC 03118, 3211

14 Business which produce elements - ISIC 25 impact to Ozone

15 Large scale manufacturing of ISIC 1701 pulp for paper 13 Sr. No. Types of Investment Businesses Restriction Industrial Code (1) (2) (3) (4)

6 Investment activities to obtain the approval of Ministry of Electricity and Energy

1 Large-Scale Electrical Business - ISIC 3510, (electrical business which 35101 generates more than 30 megawatts according to the Electricity Law)

2 All electrical business to be - ISIC 35102 connected to the electric power system

3 Constructing and installing of all - ISIC 2511 kinds of offshore platforms, and importing, producing, constructing and installing as for such related businesses

4 Importing, exporting, transporting, - ISIC 2512, storage, distribution and selling of oil, gas and petroleum products, and construction and implementation of storage tank, loading and unloading port, pipeline, related machineries and equipment and building for such related businesses

5 Construction of the various type - ISIC 41002 of refinery, maintaining and upgrading of old refinery and implementation of work

6 Exploring and interpreting of oil - ISIC 0910, and gas by geological and 0991, 7120 geochemical methods, and importing, producing, constructing and installing of equipment, accessories and part of installation for such related businesses

7 Exploiting, producing and testing of - ISIC 0910 oil and gas importing, producing, construction and installing of equipment, accessories and part of installation as for such related businesses

8 Transporting and constructing - ISIC 0910 pipeline network for oil and gas, and importing, producing, construction and installing of equipment, accessories and part of installation as for such related businesses 14 Sr. No. Types of Investment Businesses Restriction Industrial Code (1) (2) (3) (4)

7 Investment activities to obtain the approval of Ministry of Industry

1 Manufacturing of Vaccine - ISIC 2100

8 Investment activities to obtain the approval of Ministry of Commerce

1 Retailing Services CPC 62

2 Wholesale Services CPC 61

9 Investment activities to obtain the approval of Ministry of Health and Sports

1 Private hospital services - ISIC 8620

2 Private general health services - ISIC 8620, CPC 93121

3 Private mobile health services - CPC 93121

4 Private care shelter services - ISIC 8710 (87102), CPC 93210, 93221

5 Private traditional hospital - ISIC 8620 (86201)

6 Private traditional clinic - ISIC 8620 (86201)

7 Manufacturing private traditional - ISIC2100(2100 medicine and medical product 1, 21002)

8 Manufacturing of traditional - ISIC 2100 drugs (21001, 21002)

9 Trading of traditional pharmaceutical - ISIC 4620 (46202), raw materials (herbal items) 4642 (46421), 4772

10 Traditional herbal cultivation and - ISIC 0128 production

11 Traditional medicine research and This business shall be CPC 81130 laboratory carried out together with the Research and Development Division of the Traditional Medicine Department or experts from the Department of Medical Research.

12 Research on vaccine and This business shall be ISIC 2100, diagnostic test kit production carried out together with CPC 81130 the Vaccine Research Division of the Department of Medical Research. 15 Sr. No. Types of Investment Businesses Restriction Industrial Code (1) (2) (3) (4)

10 Investment activities to obtain the approval of Ministry of Construction

1 Construction of roads administered by Ministry of Construction ISIC 4210 Ministry of Construction, and all shall administer the road the parallel new lane, bypass area. roads, link ways connected to All matters to be those roads carried out in the road area shall require the approval of Ministry of Construction.

2 Construction of elevated express - ISIC 4210, way, tunnel, inner ring road, outer (42103, 42104, ring road, interchange, underpass, 42105, 42101, over pass or flyover, semi 42102) underground road and submersible tunnel

3 Construction of 180 feet and - ISIC 4210 above bridges (42102), (42103)

4 Production and domestic - ISIC 2395, distribution of bridge- 24100 construction related materials such as: PC Strand, PC bar, Anchor, steel frame, bally frame, plate girder, steel truss, reinforced cement concrete and pre-stressed concrete 5 100 Acres and above urban - ISIC 4100, 421, development projects 422, CPC 532, (53290)

6 Construction and marketing of - ISIC 4100, total floor of 50,000 square meter 6810 and above housing projects inconnection with industrial zone development and affordable housing projects

7 Urban Redevelopment which is - ISIC 4100, 421, above 4 acres of land in the 422, 4290, CPC capital of the Region or State 532, (53290) excluding Nay Pyi Taw, Yangon and Mandalay

8 Development of new city/town - ISIC 410, 421, 422, CPC 5411, 8321 16 Note : (1) If the restrictions for investment are described in the laws administered by the concerned ministries and organizations it shall follow in accord with such law. (2) For banking, insurance and financial services, it can be allowed according to the plan of the relevant Ministries and organizations. (3) If the investments which make export/import shall perform in accord with the policy of Ministry of Commerce. 2. The Notification No.26/2016 issued by the Myanmar Investment Commission on 21st March 2017 was repealed by this Notification. By Kyaw Win Chairman 17 Annex (A) Definition/Scope for Investment Activities regarding Air Transport 1. Air Traffic Services include Flight Information Service, Alerting Service, Air Traffic Advisory Service, Air Traffic Control Service (Area Control Service, Approach Control Service and Aerodrome Control Service). 2. Civil Aviation Training Services cover all aviation related training. 3. Aircraft Repair and Maintenance Services mean such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include so-called line maintenance. 4. Airport Hotel Services mean room or unit accommodation services, provided within certain area of an airport, for visitors. 5. Ground Handling Services cover ramp handling services, passenger handling services, baggage handling services and cargo handling services. 6. Selling and Marketing of Air Transport Services mean opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution. These activities do not include the pricing of air transport services nor the applicable conditions. 7. Computer Reservation Systems (CRS) Services mean services provided by computerized systems that contain information about air carriers’ schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued. 8. Air Freight Forwarding Services mean the activity and arrangement of air transport and related services provided to or performed on behalf of the shipper/consignee for the transportation of goods by air from port of origin to final destination. Scope of services includes the following services: (a) Securing cargo space with airline (b) Preparing necessary export/import documents (c) Processing customs formalities (d) Pick-up and delivery (e) Packing/ warehousing (f) Freight consolidation & break-bulk (g) Door to door and logistics services (h) Inland Freight Services 9. Aircraft Line Maintenance Services mean Routine and non routine inspection and malfunction ratification performed enroute and at base station with turnaround time up to 24 hours (Source: IATA Planning and Production Control). 10. Ramp Handling Services mean services provided by ground support equipments to an aircraft upon arrival, during parking until departure. The services include the following facilities: (a) Ground Support Equipment i.e. Aircraft Towing Tractor, Air Condition Unit, Air Start Unit, Ground Power Unit, Loading Equipment, Unit Load Devices (ULDs). (b) Ramp Bus Services to transfer passengers and crews to and from the aircraft to the passenger terminal. (c) Security Services to the aircraft as well as passengers in the ramp area. (d) Toilet and aircraft interior cleaning servicing. (e) Portable water servicing. (f) Post and mail servicing. (g) GSE and ULDs maintenance. 18 11. Passenger Handling Services mean responsibility in providing services to passengers from check-in point to aircraft side as per the carrier’s procedures and instructions. 12. Baggage Handling Services mean a process on departure and arrival system at terminals. On departure, baggage handling consists of three activities: (1) in-town check-in passenger checks outside the airport boundary; (2) check-in at the airport terminal; (3) check-in passenger carries baggage at the aircraft gate and check-in at that point. On arrival, baggage handling consists of three activities: (1) off-loading of baggage from the aircraft: (2) transport of baggage between aircraft and reclaim area; (3) loading of baggage onto the reclaim unit. (From Dictionary of Air Traffic and Traffic Control by E.B. Oeran) 13. Cargo Handling Services mean services to provide or arrange for warehouse, facilities, and services for storage and handling of any type of shipment that transported by air. Cargo handling services cover physical handling of outbound/ inbound, transit shipments, document handling of outbound/ inbound, transit shipments, irregularities handling, control of Unit Load Device, and services relate to customs control. (Source: IATA AHM 810 version January 2004 on section concerning cargo services). 14. Refueling Service means the management and operation of fuel tankers for aircraft and airport motor vehicles and distribution of fuelling products. 15. Airport Security Services cover the followings; (a) Airport Access Control Services (b) Security guard and Patrol of Landside and Airside of Airport Services (c) Airport Screening check point Services (d) Aircraft Security Search and check Services (e) Air Cargo and mail Security Access point Services (f) Airport Car Parking Control Services (g) Civil Aviation Security Equipment Maintenance Services (h) Civil Aviation Security Training Services (i) Civil Aviation Security Quality Control Services 16. Domestic Air Transport Services mean air services performed by aircraft, wholly within the territory of Myanmar, for the public transport of passengers, cargo or mail for remuneration or hire. 17. International Air Transport Services mean air services performed by aircraft, between the territories of Myanmar and another State as well as between the territories of other States, for the public transport of passengers, cargo or mail for remuneration or hire.