F1CHAPTER III RESTRICTIONS ON ADMISSION
Article 5
1.
Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:
(a)
natural persons from the Myanmar Armed Forces (Tatmadaw) and the Border Guard Police responsible for serious human rights violations in Myanmar/Burma;
(b)
natural persons from the Myanmar Armed Forces (Tatmadaw) and the Border Guard Police responsible for obstructing the provision of humanitarian assistance to civilians in need;
(c)
natural persons from the Myanmar Armed Forces (Tatmadaw) and the Border Guard Police responsible for obstructing the conduct of independent investigations into alleged serious human rights violations or abuses, or
(d)
natural persons associated with the natural persons referred to in points (a), (b) and (c),
as listed in the Annex.
2.
Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
3.
Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:
(a)
as a host country to an international intergovernmental organisation;
(b)
as a host country to an international conference convened by, or under the auspices of, the UN;
(c)
under a multilateral agreement conferring privileges and immunities; or
(d)
under the 1929 Treaty of Conciliation (Lateran Pact) concluded by the Holy See (State of the Vatican City) and Italy.
4.
Paragraph 3 shall be considered as also applying in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).
5.
The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 3 or 4.
6.
Member States may grant exemptions from the measures imposed under paragraph 1 where travel is justified on the ground of urgent humanitarian need, or on grounds of attending intergovernmental meetings and those promoted or hosted by the European Union, or hosted by a Member State holding the chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes the policy objectives of restrictive measures, including democracy, human rights and the rule of law in Myanmar/Burma.
7.
A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
8.
Where, pursuant to paragraph 3, 4, 6 or 7, a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.