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Page 1 NEW MYANMAR UNION PARLIAMENT ANNOUNCES 20 INCOMING MINISTERS INCLUDING AUNG SAN SUU KYI The Myanmar government introduces a total of 20 new ministers to assume control of 21 ministries. Only Aung San Suu Kyi, who will lead 2 ministries, is responsible for multiple ministries in the new government. Client briefing note | 7 April 2016 VDB Loi (www.vdb-loi.com) is a leading legal and advisory firm focusing on helping clients achieve their investment objectives in emerging markets of South East Asia. With our affiliated companies, we have nine partners and over 100 lawyers and advisors in offices in Myanmar, Cambodia, Laos, Vietnam and Indonesia, with representatives in Singapore and Tokyo. With over 40 lawyers and advisors in Yangon and Nay Pyi Taw we are one of the leading firms in Myanmar and are consistently ranked in the top tier by legal reference guides. Our renowned corporate and investment team has assisted on the market entry and licensing of some of Myanmar’s largest greenfield projects, in telecommunications, oil and gas, banking, services, manufacturing and infrastructure. Clients often choose us for our ability to navigate the real world obstacles in a commercial and practical way,and for our unique working relationship with the authorities. On March 22 nd , 2016, the Pyihtaungsu Hluttaw announced the names and positions of the Union Ministers who will take control of their respective ministries on April 1st, 2016. A full list of the incoming ministers, as well as a brief background of each is included at the end of this article. The new ministers come from diverse backgrounds including the National League for Democracy (“NLD”), the Union Solidarity and Development Party (“USDP”) the business world and academia. Of particular note is Aung San Suu Kyi’s appointment to head two ministries including the Ministry of the President’s Office and the Ministry of Foreign Affairs. These 2 ministries had spanned a total of 6 separate ministries in the previous government before the recent consolidation approved by the Union Parliament on March 21st, 2016. It should be noted that this will preclude Aung San Suu Kyi from future involvement in the Union Parliament. Aung San Suu Kyi’s appointment, as the Minister of Foreign Affairs lands her a spot on the National Defense and Security Council (“NDSC”), a body with expansive yet opaque powers. The Tatmadaw (Myanmar military) reports directly to the NDSC. In addition, Aung San Suu Kyi is expected to be appointed “State Counsellor,” a position recently created through the passage of a bill by the Union Parliament. This position is expected to give Aung San Suu Kyi a role similar to that of Prime Minister in other countries. The consolidation of the ministries and replacement of all of the Union Ministers will certainly present a unique challenge for the incoming government. We expect the situation to remain fluid over the coming months as the new ministers take their posts and carry out the new government’s restructuring plans. IT SHOULD BE NOTED THAT THIS WILL PRECLUDE AUNG SAN SUU KYI FROM FUTURE INVOLVEMENT IN THE UNION PARLIAMENT.

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NEW MYANMAR UNION PARLIAMENT ANNOUNCES 20 INCOMING MINISTERS INCLUDING AUNG SAN SUU KYI

The Myanmar government introduces a total of 20 new ministers to assume control of 21 ministries. Only Aung San Suu Kyi, who will lead 2 ministries, is responsible for multiple ministries in the new government.

Client briefing note | 7 April 2016

VDB Loi (www.vdb-loi.com) is a leading legal and advisory firm focusing on helping clients achieve their investment objectives in emerging markets of South East Asia. With our affiliated companies, we have nine partners and over 100 lawyers and advisors in offices in Myanmar, Cambodia, Laos, Vietnam and Indonesia, with representatives in Singapore and Tokyo.

With over 40 lawyers and advisors in Yangon and Nay Pyi Taw we are one of the leading firms in Myanmar and are consistently ranked in the top tier by legal reference guides.

Our renowned corporate and investment team has assisted on the market entry and licensing of some of Myanmar’s largest greenfield projects, in telecommunications, oil and gas, banking, services, manufacturing and infrastructure. Clients often choose us for our ability to navigate the real world obstacles in a commercial and practical way,and for our unique working relationship with the authorities.

On March 22nd, 2016, the Pyihtaungsu Hluttaw announced the names and positions of the Union Ministers who will take control of their respective ministries on April 1st, 2016. A full list of the incoming ministers, as well as a brief background of each is included at the end of this article.

The new ministers come from diverse backgrounds including the National League for Democracy (“NLD”), the Union Solidarity and Development Party (“USDP”) the business world and academia.

Of particular note is Aung San Suu Kyi’s appointment to head two ministries including the Ministry of the President’s Office and the Ministry of Foreign Affairs. These 2 ministries had spanned a total of 6 separate ministries in the previous government before the recent consolidation approved by the Union Parliament on March 21st, 2016.

It should be noted that this will preclude Aung San Suu Kyi from future involvement in the Union Parliament.

Aung San Suu Kyi’s appointment, as the Minister of Foreign Affairs lands her a spot on the National Defense and Security Council (“NDSC”), a body with expansive yet opaque powers. The Tatmadaw (Myanmar military) reports directly to the NDSC.

In addition, Aung San Suu Kyi is expected to be appointed “State Counsellor,” a position recently created through the passage of a bill by the Union Parliament. This position is expected to give Aung San Suu Kyi a role similar to that of Prime Minister in other countries.

The consolidation of the ministries and replacement of all of the Union Ministers will certainly present a unique challenge for the incoming government. We expect the situation to remain fluid over the coming months as the new ministers take their posts and carry out the new government’s restructuring plans.

IT SHOULD BE NOTED THAT THIS WILL PRECLUDE AUNG SAN SUU KYI FROM FUTURE INVOLVEMENT IN THE UNION PARLIAMENT.

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MYANMARGOVERNMENT

VICE PRESIDENTU MYINT SWE

U HENRY VAN THIO

AUDITOR GENERALU MAW THAN

ATTORNEY GENERALU TUN TUN OO

PRESIDENTU HTIN KYAW

MINISTRIES OF MYANMAR

Sr. No. Name of Minister Name of Ministry

1 Daw Aung San Suu Kyi Ministry of Foreign Affairs

Ministry of the President’s Office

2 U Pe Zin Tun Ministry of Electric Power and Energy

3 U Myo Thein Gyi Ministry of Education

4 Dr. Aung Thu Ministry of Agriculture, Livestock and Irrigation

5 U Thant Zin Maung Ministry of Transport and Telecommunications

6 Thura U Aung Ko Ministry of Culture and Religious Affairs

7 U Ohn Win Ministry of Natural Resources and Environmental Conservation

8 U Thein Swe Ministry of Labor, Immigration and Man Population

9 U Kyaw Win Ministry of National Planning and Finance

10 U Khin Maung Cho Ministry of Industry

11 Dr. Myint Htwe Ministry of Health

12 U Win Khiaing Ministry of Construction

13 Dr. Win Myat Aye Ministry of Social Welfare Relief and Resettlement

14 U Ohn Maung Ministry of Hotels and Tourism

15 U Than Myint Ministry of Commerce

16 Dr. Pe Myint Ministry of Information

17 Naing Thet Lwin Ministry of Ethnic Affairs

18 Lieutenant General Sein Win

Ministry of Defence

19 Lieutenant General Kyaw Swe

Ministry of Home Affairs

20 Lieutenant General Ye Aung

Ministry of Border Affairs

Client briefing note Dated 7 April 2016

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Daw Aung San Suu Kyi, Ministry of Foreign Affairs, Ministry of President’s OfficeA chairperson for the National League for Democracy (NLD), Daw Aung San Suu Kyi is not only the most celebrated woman in the country but also one of the most prominent political figures in the world. She won the Pyithu Hluttaw seat (Kawhmu Township) in the 2012 by-election and the 2015 election. The upper and lower houses of parliament have recently approved the state counsellor bill, which, in effect, creates a new post of prime minister for Daw Aung San Suu Kyi.

U Pe Zin Tun, Ministry of Electric Power and EnergyU Pe Zin Tun – a former military officer, was the Permanent Secretary of Ministry of Electric Power (MOEP), and had previously worked as a production manager for Myanmar Oil and Gas Enterprise (MOGE), Ministry of Energy (MOE). He holds a B.E (Petro) degree and a Diploma in Energy Management from Thailand.

U Myo Thein Gyi, Ministry of EducationThe former DG of the Department of Higher Education – U Myo Thein Gyi, has been the Head of the University of West Yangon until his retirement in recent weeks. He actively participated in the curriculum reform and was involved in drafting the controversial education law. U Myo Thein Gyi is also an executive member of Myanmar Computer Association. He holds a PhD from Berlin Technology University (1998).

Dr. Aung Thu, Ministry of Agriculture, Livestock and IrrigationDr. Aung Thu started his career teaching mathematics as an assistant lecturer and, after working in different universities across the country, became the head of Yangon University. He retired in August to contest the 2015 election and won a seat in the Upper House (NLD, Yangon Constituency No.6).

U Thant Zin Maung, Ministry of Transport and TelecommunicationsU Thant Zin Maung won a sit in the Pyithu Hluttaw in 2015 election (NLD, Monywa Constituency). He lectured in Mathematics before joining Myanmar Railways and becoming a general manager, now retired.

Biographies of Incoming Ministers

Thura U Aung Ko, Ministry of Culture and Religious AffairsThura U Aung Ko is a retired military officer and an executive committee member of the Union Solidarity and Development Party (USDP). He was a chairperson for the Judicial and Legal Affairs Committee under the previous government. He also served as a Deputy Minister of Religious Affairs and a Deputy Minister of Science and Technology before the Thein Sein’s government.

U Ohn Win, Ministry of Natural Resources and Environmental Conservation

A former Head of University of Forestry in Yezin, U Ohn Win holds a master’s degree in Watershed Management from Colorado State University. He is on the advisory board of a non for profit Myanmar Institute of Integrated Development and specializes in research management, hydrology, watershed and soil conservation, climate change adaptation and biodiversity conservation.

U Thein Swe, Ministry of Labour, Immigration and PopulationA central executive committee member of the USDP and a former spokesperson for the party, U Thein Swe won a seat in the Pyithu Hluttaw (Ann Constituency, Rakhine State) in the 2015 election. He is a chairman of the Transportation, Communication and Construction Committee and a Vice Chairman of the Commission for Studying, Examining and Reviewing Legal Affairs and Special Cases. He was a minister of Prime Minister’s Office and Minister of Transport before the change of government in 2010.

U Kyaw Win, Ministry of National Planning and FinanceU Kyaw Win worked as a chief officer at the Planning and later Revenue Departments under the Ministry of Finance before becoming an economic advisor for the NLD in 1997. He won a seat in the Pyithu Hluttaw (Dagon Seikkan Township) in the 2015 election.

U Khin Maung Cho, Ministry of IndustryU Khin Maung Cho holds a degree in mechanical engineering from Yangon Institute of Technology and is an executive engineer for Super Seven Stars Motor Industry Company Ltd. – the certified distributor of Kia cars.

Dr. Myint Htwe, Ministry of HealthDr. Myint Htwe worked for the Ministry of Health for 17 years before joining the World Health Organization (WHO) in 1994. He undertook different positions with the WHO including a Director for Program Management until his retirement in 2010. Dr. Myint Htwe is a member of the Central Executive Committee of Myanmar Academy of Medical Science, a Vice Chairman for Liver Foundation and a chairperson for the Ethical review Committee under the Ministry of Health. He holds a number of medical degrees from both Myanmar and foreign universities.

U Win Khaing, Ministry of ConstructionU Win Khaing started his career as an engineer at MOGE, MOE. He is the Chairman of Myanmar Engineering Society, a member of the Myanmar Investment Commission (MIC), the National Energy Management Committee (NEMC), the Myanmar Industrial Development Committee (MIDC), the Myanmar Board of Engineers (MBE), Committee for Quality Control of High-rise Building Projects (CQHP) the ASEAN Federation of Engineering Organizations (AFEO) and the ASEAN Academy of Engineering and Technology (AAET). He is also the founder and Chairman of an oil and gas logistics company – United Engineering Group.

Dr. Win Myat Aye, Ministry of Social Welfare Relief and ResettlementDr. Win Myat Aye is a renowned specialist in child health care. He taught at medical universities across Myanmar untill his retirement in 2015. He has participated in a number of initiatives to promote healthcare, education and rural development. Dr Win Myat Aye is also a member of several committees focusing on child healthcare and medical education.

U Ohn Maung, Ministry of Hotels and TourismThe Myanmar tourism industry’s old-timer, U Ohn Maung ran the only guesthouse on Inle Lake before joining the NLD in 1988. He has opened a number of thriving hotels since, including Inle Princess Resort and rejoined the NLD in 2012.

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Edwin VanderbruggenSenior Partner, VDB [email protected]: +95 137 1902 +95 137 1635www.vdb-loi.com

CONTACT

OUR OFFICES IN MYANMAR

NAY PYI TAW

No. S-204, Tha Pyay Kone Ward Zabu Thiri Township T: +95 678 108 091F: +95 678 108 092

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Level 8, Centrepoint Towers No. 65 Sule Pagoda Road & Merchant Street, Kyauktada TownshipT: +95 137 1902 / +95 137 1635F: +95 124 1238

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Edwin’s practical and highly engaged approach makes him uniquely suited to advise foreign investors on their projects and deals in Myanmar. He and his team advise multinationals, strategic and financial investors in a wide range of sectors as well as commercial banks, development financial institutions or non-bank financial institutions.

Edwin’s strongest points are probably his deep understanding of what really works in practice locally and his strong Government relations, having regularly acted for various state-owned enterprises and Government departments. He and his team assist the Government with privatizations and corporatizations in the energy, transportation and telecommunications sectors. He has a wealth of personal experience negotiating with and providing technical assistance to the Myanmar investment Commission.

He has assisted a large number of projects from start to finish, including manufacturers in the Thilawa SEZ, power plants, mobile network operators, global beer brands, oil and gas supermajors, and infrastructure developers.

U Than Myint, Ministry of CommerceA Chairman of the NLD’s Executive Committee (Hlaing Tharyar Township), U Than Myint holds a bachelor’s degree in economics (Yangon) as well as a master’s and a PhD (USA). He started his career as a chief officer (Planning) at the Ministry of Finance and later worked for the UN. He is a member of the FMI City Housing Development Committee and a volunteer for free ambulance service in Yangon.

Dr. Pe Myint, Ministry of InformationDr. Pe Myint is a renowned writer and translator. A former doctor, he switched careers after 11 years in the medical field and took a training course at the Indochina Media Memorial Foundation in Bangkok. He then turned to writing, won the national literature award, participated in the International Writing Programme at the University of Iowa and was the editor-in-chief of People’s Age Journal.

Naing Thet Lwin, Ministry of Ethnic AffairsA native of Mon State, Naing Thet Lwin started his political career in 1958, later joined the Mon Development Party and, and co-founded the Mon Democratic Party in 1988, leading the Mon anti-government movement. He is currently a vice chairman for the Mon National Party. Naing Thet Lwin is well respected within Mon political circles and has wide-ranging business endeavors such as rubber, fisheries, food exports and hotels.

Lieutenant General

Sein Win, Ministry of DefenceA former Chief of Bureau of Air Defense, Lieutenant General Sein Win holds a master’s degree in defense. He was the Minister of Defense under the previous government.

Lieutenant General

Kyaw Swe, Ministry of Home AffairsA graduate of the Defense Services Academy (22nd Intake), Lieutenant General Kyaw Swe has held various high-ranking positions within the military, including the commander of South West Command, chief of Military Security Affairs and chief of staff as well as a minister for Border Affairs under the previous government.

Lieutenant General

Ye Aung, Ministry of Border AffairsA graduate of the Defense Services Academy (23rd Intake), Lieutenant General Ye Aung has started his high-ranking career with a post as a head of the Regional Operation Command in Kachin State, later becoming a commander for Central Command (Mandalay) and a military Judge Advocate General.

U Tun Tun Oo, Attorney GeneralU Tun Tun Oo was a Deputy Attorney General under the previous government. He is also a Chairman of Legislature Cooperation Committee and a member of the Union Peace Implementation Committee. He holds a B.A (Law) and LLB from Yangon University and M.A (Defense Services) from Myanmar Defense Services Academy.

U Maw Than, Auditor GeneralA well-known economist and a retired Rector of the Institute of Economics, U Maw Than holds a number of Myanmar and foreign degrees. He started his career as an assistant lecturer at the Yangon University of Economics in 1977, working his way up to becoming a professor and a rector in 1996. U Maw Than was on the board of directors for the Central Bank of Myanmar as well as a member of Myanmar Accountancy Council (current) and a board member of the Taxation Supervisory Board. He was also a patron of the President’s Economic and Social Affairs Council and a member of the Myanmar Press Council.