Myanmar government reverses prohibition on foreign wines

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Myanmar government reverses prohibition on foreign wines.

Importing foreign wine will now be allowed by all domestic importers, ending a decades-old ban in the
country and opening up a potentially profitable investor opportunity in a country ranked one of the top
tourism spots for 2015. Previously most foreign wine consumed in Myanmar had made its way into the
country on the illicit black market, but on 18 March the Ministry of Commerce issued Notification 18/2015
lifting the long time ban with respect to the importation of foreign wines and pronouncing that other
banned goods likewise soon receive the thumbs up for importing. The Ministry of Commerce has publicly
noted that foreign wine is but the first step and other forms of foreign alcohol soon also be allowed,
although no timetable has been established regarding this.
The importation of a range of products including alcohol have been official banned in Myanmar,
frustrating the tourism and hospitality sector. The prima facie prohibition against foreigners conducting
importing or distribution activities in Myanmar remains, but the lifting of the prohibition is an opportunity
for F&B to start introducing their products to the Myanmar market.
Per Section 4 of the Export and Import Law of 2012 (the Export and Import Law) the Ministry of
Commerce may regulate export and import matters and restrict, prohibit and ban goods from export and
import.
Section 13 of the Export and Import Law states that the Ministry may, with the approval of the
Government, issue necessary implementing rules, regulations, notifications, orders, directives and
procedures to carry out the dictates of the law. Utilizing this authority on 4 January 2013, the Ministry of
Commerce issued Notification 8/2013 to specify the goods which are not permitted to be imported from
abroad including alcohol and beer.
Foreign alcohol could of course always be found throughout Myanmar however most of it had been
imported illegally either through a duty-free shops, hotels or illegal border trade. In practice foreign
alcohol was still allowed to be legally imported by hotels and duty free shops which had been granted a
special permit to do so but could not then be sold on for sale outside such establishment. Permitting
hotels and duty free shops a monopoly on the legal import of foreign alcohol was the result of a practice
stemming from mid-1990s under the former military government. As in many areas the laws and
practices of the former Government are slowly being eroded to bring Myanmar into the 21st century.

Notification 18/2015 issued under the same authority as Notification 8/2013 which banned the importation
of foreign alcohol has reversed the prohibition and now allows for the import of foreign wines. In relevant
part the new notification states the Ministry of Commerce has allowed importing a variety of foreign wines
from overseas commencing from the issue of this notification as per the local market demand and
significant influx of foreigners owing to the improving situations of the country.
The recent pronouncement that foreign wine may now be legally imported should be welcome news to
many including retailers, distributors, wholesalers, restaurateurs and anyone who likes to have a legal
glass after a long day.