Military’s proxy party enriched itself with customs x-ray machine that ‘should be owned by the state’

Generous contract terms mean the USDP has made millions of US dollars in fees paid by importers and exporters, even though many never even used the party’s cargo scanner

Published on Jun 10, 2020
Shipping containers at the Asia World Port on May 28 (Sai Zaw/Myanmar Now)
Shipping containers at the Asia World Port on May 28 (Sai Zaw/Myanmar Now)

The military-backed Union Solidarity and Development Party made billions of kyat in fees from an x-ray cargo scanner it leased to the government, with much of the money coming from importers and exporters who did not even use the machine.

The unusual contract terms the customs department gave to the party and several companies meant the country lost out on 6bn kyat (about $4.3m) in the financial year ending 2017 alone, Yangon’s auditor general said in a report.

And the department paid the USDP the equivalent of 90m kyat, roughly $65,000, in x-ray fees even after the scanner broke down in 2017, the report said.

The machine was set up at the Asia World port in Yangon in 2006, when the customs department brought in a system to scan cargo at nine ports and two border gates.

The party, which was still officially an association at the time, owned the machine via a company named Myan Gon Myint. The company has since been dissolved and its shares transferred to the USDP.

 

 

Between 2006 and 2018, the party made 16bn kyat in fees at the port, Myanmar Now calculated using figures from the auditor general’s report.

It is unclear how much of that came from traders who did not use the cargo scanner. But in the 2016-2017 financial year the party made 700m kyat in such fees on top of what they took for use of the scanner.

Under rules set by the customs department, certain commodities such as raw materials for the garment industry can be exempt from being x-rayed when they arrive at Myanmar’s ports.

 

 

Companies pay 20,000 kyat per shipping container to have their cargo scanned. But they have to pay the fee even if the containers aren’t scanned, and the x-ray machine owners get the majority of the fee either way.

‘The state should own them’

Net profits from the cargo scanner fees are distributed evenly among the owners after deducting electricity costs, a 5% tax and a 5% fee to cover machine operators’ health care costs, according to the auditor general.

Sandar Min, a Yangon region MP for the NLD and chair of the local Finance, Planning and Economic Committee, said the scanners should belong to the public because they are profitable.

“The state should buy them,” she told Myanmar Now, adding that the customs department “should include this in its budget.”

In the year to April 2017, the USDP and other owners of the machines made 8bn kyat between them, but only 2bn kyat of that from containers that passed through the scanners.

Thet Naing Oo, a senior customs official, disputed the auditor general’s claim that the USDP received money for its machine after it stopped working in 2017.

“It’s not possible they would be paying fees if the machine isn’t functioning,” he told Myanmar Now. “Payments would have been made to compensate for the use only if it was used.

He added that he did not oversee the payments and they were handled by a separate unit. He said he did not know which unit.

Wunna Kyaw Myint, an assistant manager at the Asia World port, said the scanner was collecting dust. “The USDP-owned machine hasn’t left the port. We sent a letter to customs to say we won’t be using this anymore but they haven’t claimed it,” he said.

USDP representatives Thein Htun Oo and Nang Myamya Mimi Zaw said they were not aware of the details about payments after the scanner broke. Party chair Than Htay did not respond to a request for comment.

Strong finances

Myan Gon Myint was founded by the USDP’s predecessor, the Union Solidarity and Development Association. With support from the military, the group established interests in gem mining, construction, agriculture, livestock, imports and exports to fund its operations.

While the company was officially dissolved in late 2015, its shares were transferred to the party, although the details of this process and how the party’s business interests are now managed are unclear.

While its dealings are opaque, the USDP appears to have the strongest finances out of any political party.

In 2015, the last general election year, the party’s monthly expenditure was over 1.4bn kyat, leaders said at the time. During the election, party candidates were given 3m kyat each. The party stood 1,134 candidates, meaning it spent over 3.4bn kyat on candidates alone.

The party’s nearly 5m members pay a 1,000-kyat annual fee, spokesperson Thein Htun Oo told Myanmar Now. That means the party brings in around 5bn kyat, or $3.5m, a year, before taking any profits from its business interests.

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

Announcement came as court postponed the 82-year-old’s third hearing, meaning his request for bail on health grounds was not considered 

Published on Mar 19, 2021
Win Htein arrives for the opening ceremony of the second session of the Union Peace Conference in 2017 (EPA-EFE)

Detained National League for Democracy party stalwart Win Htein is to be tried by a special tribunal of two judges following an order from the military-controlled Supreme Court, his lawyer said on Friday. 

“It was just one judge before, and now there’s two,” Min Min Soe told Myanmar Now. 

“District judge Ye Lwin will serve as chair, and deputy district judge Soe Naing will be a member of the tribunal,” she added.

Win Htein faces up to a 20-year prison sentence for sedition under section 124a of the Penal Code.

His third hearing, scheduled for Friday, was postponed, with the court citing the internet shutdown as the reason because it made video conferencing impossible, Min Min Soe said.

“The arguments will be presented at the next hearing, we applied for bail but since they’re setting up a tribunal for the lawsuit, that will be discussed at the next hearing as well,” she said.

At the second hearing on March 5, Win Htein requested an independent judgement, a meeting with his lawyer, and bail due to his health issues, but the court said those requests would be heard on March 19.

Win Htein, 82, uses a wheelchair and suffers from breathing problems that means he often requires an oxygen tank. He also suffers from diabetes, high blood pressure, hypothyroidism and benign prostatic hyperplasia. 

Min Min Soe was allowed a brief call with her client on Friday to tell him that his hearing had been postponed until April 2.

Aye Lu, the chair of the Ottara district administration council in Naypyitaw, is the plaintiff in the lawsuit against Win Htein. Ottara district is where the NLD’s temporary headquarters are located. 

Aye Lu filed the charge on February 4 and Win Htein was arrested that evening at his home in Yangon. He has been kept in the Naypyitaw detention center and denied visits from his lawyers. 

He was detained after giving media interviews in the wake of the February 1 coup in which he said military chief Min Aung Hlaing had acted on personal ambition when seizing power. 

On Wednesday the military council announced that it was investigating Aung San Suu Kyi for corruption, on top of other charges announced since her arrest.

Many other NLD leaders, party members and MPs have been arrested or are the subject of warrants.

Kyi Toe, a senior figure in the NLD, was arrested on Thursday night in Hledan, Yangon.

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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The country’s military leaders have acted with impunity for decades, but now there is a mechanism to bring them to justice

Published on Mar 19, 2021
Nationwide protests against the coup have been responded with murders, torture and mass arrests by the military regime. (Myanmar Now)

On March 8, U Ko Ko Lay, a 62-year-old teacher, bled to death on a street in the Kachin state capital Myitkyina. He had been shot in the head while protesting the military coup of February 1. That same night, U Zaw Myat Lynn, an official from the National League for Democracy, was taken from his home in Shwepyithar on the outskirts of Yangon and tortured to death. The list keeps growing.

In the more than six weeks since Senior General Min Aung Hlaing seized power, images of soldiers and police officers shooting, beating, and arresting protesters have flooded social media and Myanmar and international news outlets. So far, the regime’s forces have killed well over 200 people (more than half of them in the past week) and seriously injured many more. The junta has also arrested nearly 2,200 people, some of whom, like U Zaw Myat Lynn, have died in custody.

Each day, Myanmar human rights organizations update lists with names, dates, locations, and causes of death. Around 600 police and a handful of soldiers have decided they do not want to be involved in such actions. They have left their posts and even joined the anti-coup movement.

Many soldiers, police officers, and commanding officers are acting with impunity now. But they can face prosecution, not only in Myanmar’s courts but also internationally. Like any country, Myanmar is subject to international law. Because of its history of atrocities, most recently against the Rohingya people, Myanmar is also already subject to special international legal proceedings that apply to the current situation.

The most relevant is the United Nations’ Independent Investigative Mechanism for Myanmar (IIMM). The IIMM was created in 2018 after the Myanmar military’s brutal campaign against the Rohingya people, but it applies to the whole country. Its mission is to investigate “international crimes” from 2011 to the present.

International crimes are generally defined as “widespread and systematic” in nature, involving many victims and locations. These include crimes against humanity, war crimes, and genocide.

In keeping with its mandate, the IIMM is collecting information on the current situation. In a statement released on February 11 (available in Myanmar here), it highlighted the “use of lethal force against peaceful protesters and the detention of political leaders, members of civil society and protesters.”

More recently, on March 17, the IIMM also called on recipients of illegal orders to share this evidence so that those ultimately responsible for these crimes can be held accountable.

"The persons most responsible for the most serious international crimes are usually those in high leadership positions. They are not the ones who physically perpetrate the crimes and often are not even present at the locations where the crimes are committed,” the head of the IIMM, Nicholas Koumjian, says in the statement (available in Myanmar here).

The crimes the IIMM investigates could be tried in Myanmar courts, courts in other countries, or international courts. International crimes are crimes that are so serious that they are considered to be against the international community, and are therefore not limited to courts in one country.

In other words, an international crime committed in Myanmar—for example, widespread and systematic attacks on civilians—can be tried in a court in another country or in an international court.

The Myanmar military is used to getting away with murder. Decades of well-documented killing, rape, and torture of civilians in ethnic minority areas have gone unpunished. No one has ever been tried for the killing of protesters during previous mass uprisings against military rule in 1988 and 2007.

But this time may be different. On March 4, the International Commission of Jurists said in a statement that “the killing of peaceful protesters by Myanmar’s security forces should be independently investigated as possible crimes against humanity.”

The IIMM is already set up and working. It provides a mechanism for just such an investigation. Those doing the shooting should be aware of this.

For further information:

The Independent Investigative Mechanism for Myanmar (IIMM) on Facebook

International Accountability Mechanisms for Myanmar (learning materials in English, Myanmar, and Karen)

Lin Htet is a pen name for a team of Myanmar and international writers

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A resident said armed forces used drones to monitor the crowd before opening fire on them

Published on Mar 19, 2021
Men carry a wounded protester in Aungban, Shan State, on the morning of March 19 (Supplied)

At least eight anti-coup protesters were killed in Aungban, southern Shan State, during an attack by the military junta on demonstrations on Friday morning, according to the Aungban Free Funeral Service Society.

Sixteen military trucks carrying more than 100 policemen and soldiers arrived at the protest site at around 9:00 a.m. and began shooting at protesters. Seven died at the scene, and another protester who had been shot in the neck was taken to Kalaw Hospital and died by 11:00 a.m.

All eight victims were men. 

The body of the man who died at the hospital was sent to his family’s home, but those who were killed at the protest site were taken away by the junta’s armed forces, a representative of the Free Funeral Service Society told Myanmar Now. 

Aungban resident Nay Lynn Tun told Myanmar Now that police and soldiers had destroyed the doors of nearby homes in order to arrest people, and that at least 10 people had been detained. 

“Initially, police arrived at the site. When the crowd surrounded the police, armed soldiers arrived at the site and began firing,” he told Myanmar Now. “In the coming days, if we cannot gather to protest, we will do it in our own residential areas.”

Since March 13, around 300 volunteer night guards have watched over these residential areas to protect locals from the dangers posed by the junta’s nighttime raids. These forces use drone cameras to monitor the activities of the night guards from 3:00 a.m. until 5:00 a.m. every day, Nay Lynn Tun said. 

He added that hours before Friday’s crackdown, military and police had also used drone cameras to monitor the gathering of protesters in Aungban.

Over the last week, at least 11 protesters have been arrested in Aungban. Only three-- the protesters who were minors-- were released.

South of Shan State, in the Kayah State capital of Loikaw, two pro-democracy protesters were also shot with live ammunition by the regime’s armed forces on Friday. One, 46-year-old Kyan Aung, was shot in the lower abdomen and died from his injuries. The other wounded protester was a nurse, according to eyewitnesses. 

According to a March 18 tally by the advocacy group Assistance Association for Political Prisoners, at least 224 people have been killed across the country by junta’s armed forces since the February 1 coup. Thousands more have been arrested. 

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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