What is an INGO?

Under Myanmar law, an international non-governmental organisation or an INGO is defined as an organisation legally established outside of Myanmar and registered with Myanmar authorities. Essentially, a foreign non-profit organisation, once registered under Myanmar law, can merely establish its ‘branch’ in Myanmar, rather than a separate legal entity. It appears that any foreign non-profit organisation intending to conduct their activities in Myanmar must apply for registration under the Association Registration Law of 2022 enacted by the State Administration Council.

How long does it take to register an INGO in Myanmar?

In practice, the INGO registration process may take at least around one year. It includes, as discussed in more detail below, negotiating a Memorandum of Understanding (MOU) with the relevant government authority or organisation and obtaining an INGO Registration Certificate.

What are the steps to register an INGO in Myanmar?

Below, is a summary of the main steps required to register an INGO in Myanmar:

1. Negotiate and Prepare a draft MOU;
2. ‍Obtain a Temporary Registration Certificate;
3. Obtain a Registration Certificate.

1. Memorandum of Understanding

Before applying for the Registration Certificate, an INGO needs to negotiate and prepare a draft MOU with the relevant Myanmar government authority or organisation. This process may take several months.

2. Temporary Registration Certificate

Further, an INGO needs to obtain the following documents:

• Approval from the government authority or organisation associated with the intended activities (usually a party signing an MOU with an INGO);
• Approval from the Ministry of Investment and Foreign Economic Relations;
• Approval from the Ministry of Immigration and Population;
• Recommendation letter from the Ministry of Foreign Affairs
• Approval from the relevant State/Regional Government or Naypyidaw Council where the INGO intends to operate.

Once the above documents have been obtained, they should be submitted together with the following information to the Union Registration Board chaired by the Minister of Home Affairs:

• Details of the INGO including its name and background, evidence of registration, name of the chairperson, name of the person responsible for Myanmar operations, head office address and contact information, etc.;
• Description of activities to be carried out in Myanmar and the source of their financing;
• List of executive members in relation to Myanmar operations, copies of their passports or Myanmar National Registration Cards. Please note that 40% of the executive members need to be Myanmar nationals.

The Union Registration Board should issue a Temporary Registration Certificate within 21 days from the date of application.

3. Registration Certificate

Once the Union Registration Board has reviewed the application documents and made a decision to approve the application, a Registration Certificate should be issued within 30 days from the date of such approval. The timeframe within which the Union Registration Board needs to review the application is not specified and, in practice, may take several months.

How we can assist your project in Myanmar

Our team of Myanmar and international lawyers can assist you with all steps of the INGO registration in Myanmar:

• Negotiating and drafting an MOU with the relevant government authority or organisation;
• Obtaining an INGO Registration Certificate.

In addition, we can assist with various reporting obligations and renewal of a Registration Certificate.