Chapter 2 2 ICT Government Institutions, Policies & Legal Framework In this Chapter: A. Key Actors Regulating Myanmar’s ICT Sector • Government Institutions Regulating ICT Operations in Myanmar • Other Actors Involved in Myanmar’s ICT Sector B. Policy Frameworks Guiding Myanmar’s ICT Sector • The 2012–2015 Framework for Economic and Social Reform (FESR) • The 2011 – 2015 ICT Masterplan • The Telecommunications Masterplan • The E-Governance Masterplan • Regional Policy Frameworks: The 2015 ASEAN ICT Masterplan C. International Legal Framework Relevant to Myanmar’s ICT Sector D. Domestic Legal Framework Governing Myanmar’s ICT Sector • 2013 Telecommunications Law • 2004 Electronic Transactions Law • 1996 Computer Science Development Law • 2014 Law Relating to the Registration of Organisations • 1908 Unlawful Associations Act E. Guidance for Governments & Companies on Meeting International Standards This Chapter sets out the existing Government institutions, policies and legal frameworks relevant to the ICT sector in Myanmar. The absence of clear expectations by Government as to acceptable business conduct, as set out in policies, laws or other expressions of Government expectations, results in gaps that can be filled by responsible – or irresponsible – company actions. As such, impacts often arise from a combination of Government legislation, action or policy (or lack thereof), and company action operating under or outside of the legal and policy framework. It is therefore important to understand whether the policy and legal framework actually requires responsible business conduct, or whether it even addresses relevant issues. It may even actively require businesses to violate international human rights standards in order to comply with national law. Home governments of international companies operating in Myanmar can also play a role in setting out clear expectations of responsible business conduct. CHAPTER 2: ICT GOVERNMENT INSTITUTIONS, POLICIES & LEGAL FRAMEWORK 55