Investing in Australia with Myanmar Connections: Sanctions Checks

← Australian lawyers for Myanmar clients

Australian banks, settlement agents and lawyers all check where money comes from and who is behind a transaction. For families and businesses with connections to Myanmar, those checks include Australia’s autonomous sanctions on Myanmar. Getting this right before money moves is far easier than unfreezing a transfer or rescuing a settlement afterwards.

What Australia’s Myanmar sanctions cover

Australia’s Myanmar sanctions framework, administered by the Department of Foreign Affairs and Trade (DFAT), includes an arms embargo and targeted financial sanctions and travel bans on designated individuals and entities. Designations have expanded since 2018 and now include members of the military and military-owned or military-linked businesses. DFAT keeps the list under review, so it must be checked at the time of each transaction.

In broad terms, it is an offence to make money or other assets available to a designated person or entity, or to deal with their assets, without a sanctions permit. The penalties are serious, and for companies the offence can be committed without any intention to breach the law.

Why it matters even if you are not on the list

• A counterparty, investor, director or lender may be designated, or owned or controlled by someone who is
• Banks may hold or reject a transfer while they ask about the source of funds
• Settlements of property and business purchases can be delayed if the paperwork does not answer the bank’s questions
• Investments routed through Singapore or Thailand still need to be traced back to the people behind them

Before money moves: a practical checklist

• Identify every party and the people who ultimately own or control them
• Check each against the DFAT Consolidated List at the time of the transaction
• Document the source of funds and the path the money will take
• Consider whether foreign investment approval or other Australian approvals are also needed
• Where a dealing would otherwise be prohibited, consider whether a sanctions permit is available, before acting

For property, remember that foreign persons are currently banned from buying established homes in Australia from 1 April 2025 to 30 June 2029, with limited exceptions, and that Victoria charges extra duty and land tax to foreign purchasers.

How we help

We review proposed transactions and structures, carry out and document sanctions screening, respond to bank and settlement agent enquiries, and advise on Australian company, property and foreign investment law. Where a permit may be needed, we advise on the application.

We do not act on arrangements designed to avoid or conceal sanctions.

Frequently asked questions

Do the sanctions stop Myanmar citizens investing in Australia?

No. The measures target specific designated people and entities and specific activities. Most Myanmar families and businesses can invest in Australia, provided the transaction is properly checked and documented.

My bank has frozen or questioned a transfer. What should I do?

Get advice before replying. The answer you give, and the evidence you provide, often decides how quickly the funds are released.

We invest through a Singapore company. Does Australian law still apply?

Yes, where the money, property or business is in Australia or the dealing involves Australians. Holding structures do not remove the need to check who is ultimately behind a transaction.

This page is general information about Australian law, not legal advice. Chua Tan Associates is a Melbourne law firm and does not advise on Myanmar law.