Myanmar: Analysis of the Organisation Registration Law • • Engaging in activities that are illegal or cause danger or discrimination to the people or organisations the NGO is aiding Otherwise failing to comply with the NGO Law, regulations and rules issued under the NGO Law or any other laws The NGO Law provides almost no detail on the procedures to be applied in imposing these sanctions. Registration boards appear to have the power to impose administrative orders as they see fit. If the registration board cancels an organisation’s registration, it releases a public statement and the assets held by the organisation must be given to a designated government entity. 92 Otherwise, little further guidance is given, except to note that actions taken via administrative order do not preclude further civil or criminal actions against the organisation.93 The NGO Law only provides for a limited appeal against administration sanctions. NGOs which object to an administrative order can appeal it to the next higher level registration board or, if the Union Registration Board made the decision, they can request that the Union Board review the decision. This must be done within 60 days. The second decision is then final. No other external appeal is mentioned in the NGO Law. 5.2. Criminal Sanctions In addition to administrative sanctions imposed by registration boards, the NGO Law creates several new criminal offences. These are set out in the table below, along with the relevant section number of the NGO Law and the penalty to be imposed: Sec. 33 34 35 Crime Penalty Establishing and operating an organisation without Fine (up to MMK 1 million or a registration certificate94 USD 470) or 3 years’ imprisonment Operating an organisation after the expiration or Fine (up to MMK 500,000 or cancellation of its registration USK 235) or 2 years’ imprisonment Being a member in, encouraging, carrying out Fine (up to MMK 500,000 or activities for or pretending to be a member of an USK 235) or 2 years’ unregistered organisation imprisonment 92 NGO Law, sections 49 and 51. Section 51 of the GNLM translation is unclear on this but the Lincoln translation indicates that assets are given to the government except if the organisation is dissolved in the way listed in provisions (a)-(c) (voluntarily or by order of a court). 93 NGO Law, section 52. 94 Subject to the caveat that the GNLM English version has substantially different wording, as described at note 26. The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 20