Myanmar: Analysis of the Organisation Registration Law 4. Registration and Renewal Procedures 4.1. Requirements under the NGO Law 4.1.1. Domestic Organisations Domestic organisations must register with the board which covers the geographic region in which they wish to operate, so those operating nationally must register with the Union Registration Board.59 The application for registration must include a range of information listed in section 7 of the Law. This includes basic information such as the organisation’s name, address, president and secretary, as well as the number of members and number of executive committee members. While the Law does not require the citizenship of members to be listed, local NGOs are supposed to have at least five Myanmar citizen members, so it may also be necessary to provide this information.60 The application must also describe the organisation’s articles of association, objectives and intended programme, a list of cash and assets and a commitment to comply with the law. It must also list the “social activities” to be carried out. The NGO Law has a specific definition of social activities, meaning non-profit activities for the common good which are not related to the political, economic or religious sectors,61 suggesting that organisations will need to show that their activities fall within the scope of this definition. The organisation must also submit a recommendation from the government entity which covers their intended area of activities (relevant sector body). Once a registration board receives an application, it issues a temporary registration certificate within 21 days. The NGO Law defines “registration certificate” to include a temporary one, suggesting organisations with temporary certificates are equivalent to a registered organisation, except for the uncertainty arising from a potentially indefinite wait for a final certificate, 62 since no deadline is specified for the registration boards to make a final decision.63 Before issuing a final certificate, the registration boards are supposed to scrutinise the application according to prescribed rules.64 However, registration boards are supposed to assign a government department to conduct pre-screening and to help the board come to a 59 NGO Law, section 12(b). NGO Law, section 2(c). 61 NGO Law, section 2(g). 62 NGO Law, section 2(f). In accordance with section 51, however, organisations with temporary certificates are not required to give their assets to a designated government department if their certificates are revoked. 63 NGO Law, section 8(d). Deadlines for providing certificates or notice of denial start from the time of the decision to provide or deny registration, not when the application was submitted, a change from the 2014 Law, leaving no time requirement for the decision itself. 64 NGO Law, section 8(b). 60 The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 13

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