TWO DOCUMENTS RELATING TO BURMA'S I

[darnott@xxxxxxxxxxx]

TWO DOCUMENTS RELATING TO BURMA'S IT POLICY

1) Burmese minister reports on government moves to embrace IT revolution 
("The New Light of Myanmar" 18 April 2001

2) The SLORC Computer Science Development Law (No. 10/96)


BBC Monitoring Asia Pacific - Economic  April 20, 2001, Friday

  Burmese minister reports on government moves to embrace IT revolution

SOURCE: The New Light of Myanmar, Rangoon in English 18 Apr 01

Excerpt from report in English by Burmese newspaper The New Light of 
Myanmar on 18 April

Yangon Rangoon , 17 April: A Myanmar Burmese delegation led by Minister for 
Communications, Posts and Telegraphs Brig-Gen Win Tin, at the invitation of 
Minister of Information and Industry Mr Wu Jichuan of People's Republic of 
China, attended China-ASEAN Association of Southeast Asian Nations ICT 
Information and Communication Technology Seminar held at Shenzhen from 
10-12 April.

During the meeting, Minister Brig-Gen Win Tin read the paper "Infocom 
Development Strategies and Policies In the New Century" that reflects 
endeavours being made in information technology sector in Myanmar. The 
paper reads:

 ... May I now turn to the Infocom development strategies and policies 
development in my own country, Myanmar. Before I deal with this, let me 
first associate you with the current position of Myanmar telecommunications 
developments.

Recognizing the importance of IT revolution and establishing knowledge 
society, Myanmar government has laid down the policy guidelines and 
strategies for the realization of information society. To build a learning 
society in order to meet challenges that may arise in this knowledge age 
and to be capable of taking part in the global competition, Myanmar has 
placed emphasis on advancement of technologies.

Towards this end, the government is firmly committed to giving 
encouragement and providing incentive. Increased investment has been made 
especially in education and human resource development for IT.

At the same time, in order to create a favourable environment to facilitate 
cooperation with other countries, the government synchronized its IT 
principles and codes enacting necessary laws and
standardizing criteria. The government encourages the private sector 
participation not only with the legal enforcement, but also with the 
supporting for institutional developments. Various seminars and
workshops on IT development have been organized in collaboration with 
private sector institutions from domestic and abroad. Recently, an IT park 
has been established by a consortium of IT companies.

As Internet is becoming a fundamental means of communications, internet and 
intranet access via existing telephone network has become a necessity. 
Myanma Posts & Telecommunications (MPT) is
providing data services in the two major cities, Yangon and Mandalay, with 
a packet switching system.

There are now over 2,500 internet e-mail users. Web-surfing is at present 
allowed to selective government and educational departments and computer 
organizations. The Internet Gateway facility is
under continual expansion. Satellite technology is providing connectivity 
for both international and rural access. Lease circuits for overseas 
connection are provided for user's specific requirement. Although analogue 
and digital radio national backbones have sufficient capacity for the 
moment, MPT is preparing to introduce fibre optics long-distance systems 
for high bandwidth requirement in the near future.

Currently optical systems are used as junctions for multi-exchange networks 
in Yangon and Mandalay. MPT is using circuits in the SEA-ME-WE (3) 
submarine cable system for international linkage, and is
speeding up digitization of the automatic telephone switches.

Ministry of Education (MOE) has been setting up multimedia classrooms in 
schools and universities, and has successfully introduced nationwide 
electronic data broadcasting via satellite. Steps are now being taken to 
establish MOE net.

Myanmar, as a member of ASEAN, joins other members in signing the e-ASEAN 
framework agreement at the fourth ASEAN informal summit in November 2000, 
in order to facilitate the establishment of ASEAN information 
infrastructure, to facilitate the growth of e-commerce, to establish a 
common market place for ICT goods, services and investment, to promote 
capacity building and e-society and e-government.

To implement the e-ASEAN Framework Agreement, Myanmar has formed an 
e-National Task Force with four working committees under it. Two important 
IT-related organizations, namely Myanmar Computer Development Council and 
Myanmar Computer Federation, which is NGO, are also set up in recent years.

As mentioned, earlier, Myanmar is committed to international and regional 
declarations and action plans, especially e-ASEAN initiative, for bridging 
the digital divide - to provide access to the population whose livelihoods 
can be enhanced through ICT. This indeed is quite a task for a country with 
over 50 million people and a tele-density of 0.53 per 100 population.

Myanmar government has illustrated its political will and policy to move 
into IT evolution and provided support to private sector to take active 
role in IT developments. Investment has been made increasingly,
especially in education and human resources development for IT. Necessary 
organizations are set up and to address structural issues and to acquire 
technical cooperation, Myanmar has seeked external
cooperation through bilateral and regional co-operations...



THE COMPUTER SCIENCE DEVELOPMENT LAW OF 1996

The State Law and Order Restoration Council
The Computer Science Development Law
The State Law and Order Restoration Council Law No. 10/96
The 8th Waxing of Tawthalin, 1358 M.E.
(20th September, 1996)

The State Law and Order Restoration Council hereby enacts the following Law: -

CHAPTER 1
Title and Definition
1. This Law shall be called the Computer Science Development Law.
2. The following expression contained in this Law shall have the meanings 
given hereunder : -
(a) Computer means individually-used small-size machines, commonly-- used 
medium-size and large-size electronic machinery which can produce the 
required answers and diagrams by comparative scruting of collected data. 
This expression also includes electronic machinery which is prescribed by 
notification from time to time by the Ministry of Communications;
(b) Computer Hardware means the computer, its components and the accessories;
(c) Computer Software means the computer programme written to give 
directions as may be necessary to the computer;
(d) Computer network means the communicating system through satellite or 
any other technology using the computer;
(e) Information Technology means the technology by means of which 
information is transmitted electronically;
(f) Computer Scientist means the holder of a local or foreign degree, 
undergraduate diploma or a postgraduate diploma in the field of computer 
science. This expression also includes a person who is conversant with 
computer programming;
(g) Computer Entrepreneur means a person engaged in the business of 
producing and selling computer hardware or computer software locally or in 
the business of exporting or importing the same. This expression also 
includes a person engaged in maintenance service of computers and a person 
who has established a private computer training course;
(h) Computer Enthusiast means a person; who is interested in computer 
science and is studying the same in any manner. This expression also 
includes a person who is utilizing a computer in any manner;
(i) Council means the Myanmar Computer Science Development Council formed 
under this Law;
(j) Federation means the Myanmar Computer Federation formed under this Law;

CHAPTER II
Objectives
3. The Objectives of this Law are as follows : -
(a) to contribute towards the emergence of a modern developed State through 
computer science;
(b) to lay down and implement measures necessary for the development and 
dissemination of computer science and technology;
(c) to create opportunities for the youth, especially students, to study 
computer science;
(d) to study computer science, which is developing internationally and to 
utilize the same in a manner which is most beneficial for the State;
(e) to cause extensively development in the use of computer science in the 
respective fields of work;
(f) to supervise the import and export of computer software or information.

CHAPTER III
Formation of the Myanmar Computer Science Development Council
4. The State Law and Order Restoration Council : -
(a) shall form the Myanmar Computer Science Development Council comprising 
the following persons : -
1 Person assigned by the State Law and Order Restoration Council 	Chairman 	
2 Ministers or Deputy Ministers from  relevant Ministries  Members 	
3 Heads of the relevant government departments and organizations Members 	
4 Suitable Computer scientists  Members 	
5 Deputy Minister Ministry of Education Secretary 	
(b) may determine the Deputy Chairman and Joint Secretary if necessary in 
forming the Council.
5. The non-governmental Council members are entitled to such renumeration 
as may be prescribed by the Ministry of Education.
6. The Department of Higher Education: -
(a) shall bear the expenses of the Council;
(b) shall undertake the office work of the Council.

CHAPTER IV
Duties and Powers of the Council
7. The duties and powers of the Council are as follows : -
(a) laying down the policy and giving guidance for the development of 
computer science in the State to keep abreast with the times;
(b) laying down the policy with respect to the systematic dissemination of 
utilization of computer science in the State;
(c) laying down the policy, giving guidance and controlling with respect to 
computer network;
(d) making arrangements for the youth, especially students to get the 
opportunity of studying basic computer science;
(e) laying down the policy, giving guidance and controlling with respect to 
information technology;
(f) supervising and giving guidance with respect to activities of the 
federation and computer-related associations formed under this Law:
(g) prescribing the types of computer software and information which are 
not permitted to be imported or exported.
(h) laying down measures to cause extensive development in the utilization 
of computer science in the respective fields of work in the State;
(i) forming necessary working committees and bodies related to computer 
science and assigning duties thereto;
(j) abolishing any computer association formed or existing not in 
confirming with the provisions of this law or any computer association not 
functioning in conformity with the provisions of this Law or not in 
conformity with the constitution of the relevant association;
(k) laying down and carrying out measures necessary for the attainment of 
the objectives of this Law.

CHAPTER V
Formation of Computer Associations
8. The different levels of Computer Enthusiasts' Associations may be formed 
as follows : -
(a) Computer Enthusiasts' Basic Association;
(b) Township Computer Enthusiasts' Association;
(c) District Computer Enthusiasts' Association;
(d) State/Divisional Computer Enthusiasts1 Association;
(e) Myanmar Computer Enthusiasts' Association;
9. (a) The Computer Enthusiasts' Basic Association may be formed with at 
least seven computer enthusiasts;
(b) The Township Computer Enthusiast'' Association may be formed with 
representatives chosen by the Computer Enthusiasts' Basic Association in 
accordance with the stipulations;
(c) The District Computer Enthusiasts' Association may be formed with 
representatives chosen by the Township Computer Enthusiasts1 Association in 
accordance with the stipulations;
(d) The State/Divisional Computer Enthusiasts' Association may be formed 
with representatives chosen by the District Computer Enthusiasts' 
Associations in accordance with the stipulations;
(e) The Myanmar Computer Enthusiasts' Association may be formed with 
representatives chosen by the State/Divisional Computer Enthusiasts' 
Association.
10. The different levels of Computer Scientists' Association may be formed 
as follows:-
(a) Township Computer Scientists' Association;
(b) District Computer Scientists' Association;
(c) State/Divisional Computer Scientists' Association;
(d) Myanmar Computer Scientists' Association;
11. (a) The Township Computer Scientists' Association may be formed with at 
least seven members of the township;
(b) The District Computer Scientists' Association may be formed with 
representatives chosen by the Township Computer Scientists' Associations in 
accordance with the stipulations. In case the Township Computer Scientists' 
Association has not been formed as yet it may be formed with at least seven 
members of the District;
(c) The State/Divisional Computer Scientists' Association may be formed 
with representatives chosen by the District Computer Scientists' 
Association in accordance with the stipulations. In case the District 
Computer Scientists' Association has not been formed as yet, it may be 
formed with at least seven members of the State/Division.
(d) The Myanmar Computer Association may be formed with representatives 
chosen by the State/Divisional Computer Scientists' Associations in 
accordance with the stipulations.
12. The different levels of Computer Entrepreneurs' Association may be 
formed as follows.
(a) Township Computer Entrepreneurs' Association;
(b) District Computer Entrepreneurs' Association;
(c) State/Division Computer Entrepreneurs' Association;
(d) Myanmar Computer Entrepreneurs' Association;
13. (a) The Township Computer Entrepreneurs' Association may be formed with 
at least seven computer entrepreneurs of the township;
(b) The District Computer Entrepreneurs Association may be formed with 
representatives chosen by the Township Computer Entrepreneurs Association 
in accordance with the stipulations. in case the Township Computer 
Entrepreneurs' Association has not been formed as yet, it may be formed 
with at least seven computer enthusiasts of the District;
(c) The State/Divisional Computer Entrepreneurs' Association may be formed 
with representatives chosen by the District Computer Entrepreneurs' 
Association in accordance with the stipulations. In case the District 
Computer Entrepreneurs Association has not been formed as yet, it may be 
formed with at least seven computer entrepreneurs of the State/Division;
(d) The Myanmar Computer Entrepreneurs' Association may be formed with the 
representatives chosen by the State/Divisional Computer Entrepreneurs' 
Association in accordance with the stipulations.
14. Persons who wish to form an association under section 8, section 10 or 
section 12 shall, after drawing up the constitution of the association 
submit to and obtain the approval of the organizational meeting of the 
association concerned.
15. The constitution of the association drawn up under section 14, shall 
contain stipulations in respect of the following: -
(a) objective of forming the association;
(b) if the association is formed at the basic level or with members of that 
level stipulation as to the qualification of its members;
(c) forming the executive committee and stipulations as to its functions 
and duties; (d) choosing and sending representative to the one level higher 
association;
(e) maintaining a fund and utilization;
(f) holding meetings;
(g) other necessary stipulations in accordance with the type of association 
concerned.
16. The tenure of the executive committee of the associations formed under 
section 8, section 10 or section 12 is 2 years from the date of formation.
17. The associations formed under section 8, section 10 or section 12 are 
non-governmental organizations without a profit-making motive.

CHAPTER VI
Formation of the Federation
18. The Council:-
(a) shall form the Myanmar Computer Federation comprising representatives 
chosen from the Myanmar Computer Enthusiasts' Association, the Myanmar 
Computer Scientists' Association and the Myanmar Computer Entrepreneurs 
Association in accordance with the stipulation;
(b) may determine the number of members of the Federation as may be necessary;
(c) shall appoint the Chairman and Secretary of the Federation and assign 
duties may appoint the Deputy Chairman and Joint Secretary if necessary;
(d) shall determine the tenure of the persons appointed by it in the 
federation.
19. The tenure of members included as representatives of the respective 
associations in the federation shall be the same as the tenure of the 
executive committee of the computer associations concerned that has chosen 
them.
20. The federation shall determine the business and procedures with respect 
to the holding of the meeting.
21. The federation shall set up an office establishment to perform its 
daily office work.
22. The federation is a non-governmental organization without profit-making 
motive.
23. The federation has the right to use its own name and seal with 
perpetual succession and the right to sue and to be sued.

CHAPTER VII
Duties and Powers of the Federation
24. The duties and powers of the federation are as follows:-
(a) carrying out for the development of computer science in the State to 
keep abreast with the times.
(b) conducting research in computer science, giving assistance to the 
persons conducting research;
(c) promoting extensive utilization of computer science in the respective 
fields of work:
(d) prescribing the syllabi and curricula for computer training schools;
(e) inspecting teaching in computer training schools as may be necessary so 
as to determine whether it is up to the standard or not;
(f) running computer science courses, holding lectures, competitions and 
organizing study tours;
(g) holding examinations in computer science, conferring certificates and 
medals;
(h) submitting advice to the Council from time to time on the development 
of computer science;
(i) giving assistance to manufacturers so as to enhance the quality of 
computer hardware and computer software;
(j) giving assistance for production of computer hardware and computer 
software and for sale inside and outside the country;
(k) laying down projects on information technology in accordance with the 
guidance of the Council;
(l)communicating with international computer organizations;
(m) making arrangements for holding and dispatching delegates to local and 
foreign conferences, meetings, workshops, seminars, paper-reading sessions 
as may be necessary;
(n) fulfilling a target to devise a system that can use Myanmar Language in 
the computer;
(o) tendering advice to government departments and organization which seek 
advice with respect to computer;
(p) compiling, publishing and distributing books, papers, periodicals and 
journals on computer;
(q) setting up a library to collect books on computer from inside and 
outside the country:
(r) carrying out for the youth especially students, to acquire basic 
computer knowledge and to cause emergence of outstanding computer scientists;
(s) awarding monetary prize to outstanding computer scientists and inventors;
(t) recommending to the Council to confer honorary titles and awards on 
outstanding computer scientists and inventors by the State;
(u) submitting advice to the Council in order to protect the benefits of 
computer scientists and inventors;
(v) forming necessary committees and bodies, and determining the functions 
and duties those of;
(w) carrying out tasks with respect to computer science, assigned by the 
Council.

CHAPTER VIII
Finance
25. The Federation:-
(a) shall subsist on its own fund; moreover, it shall undertake 
responsibility for all its financial matters;
(b) shall prescribe financial regulations which it is to be abided by;
(c) has the right to acquire and use grants or loans from any government 
department or organization, or from any financial institution;
(d) shall deposit its funds in an account at the bank and shall use them 
iii accordance with the financial regulations;
(e) shall keep accounts systematically;
(f) may carry out to increase funds which are not required immediately, ill 
accordance with the financial regulations and may raise funds:
(g) may accept cash and kind donated locally and from abroad and may make 
appropriations to computer associations as may be necessary;
(h) shall deposit its own foreign currency in a separate bank account and 
is entitled to use the same in accordance with the existing laws, rules and 
regulation;
(i) may request assistance, if necessary from the Office of the Auditor- 
General with respect to book-keeping and auditing of accounts.

CHAPTER IX
Prior Sanction and Licence
26. (a) The Ministry of Communications, Posts and Telegraphs may, with the 
approval of the Council, determine by notification the types of computer to 
be imported, kept in possession or utilized only with the prior sanction of 
the Ministry.
(b) In determining the types of computer under sub-section(a), fax-modem 
card installed computer which can transmit or receive data shall be 
primarily targeted.
(c) In determining the types of computer under sub-section(a), it shall not 
apply to computers that are used only as aids in teaching, office work or 
business.
27. A person desirous of importing, keeping in possession or utilizing the 
type of computer prescribed in sub-section (a) of section 26 shall apply to 
the Ministry of Communications, Posts and Telegraphs in accordance with the 
stipulations to obtain prior sanction.
28. A person desirous of setting Lip a computer network or connecting a 
link inside the computer network shall apply to the Ministry of 
Communications, Posts and Telegraphs in accordance with the stipulations to 
obtain prior sanction.
29. The Ministry of Communications, Posts and Telegraphs may, after 
scrutinizing the applications submitted under section 27 or section 28 in 
accordance with the stipulations, grant prior sanction or refuse to grant 
prior sanction.
30. A person desirous of keeping in possession or utilizing the type of 
computer prescribed under sub-section (a) of section 26, shall comply with 
the orders and directives issued from time to time by the Ministry of 
Communications, Posts and Telegraphs with respect to issuance of licence, 
prescribing the term of licence, licence fee and licence conditions.

CHAPTER X
Offences and Penalties
31. Whoever imports or keeps in possession or utilizes any type of computer 
prescribed under sub-section(a) of section 26, without the prior sanction 
of the Ministry of Communications, Posts and Telegraphs shall, on 
conviction be punished with imprisonment for a term which may extend from a 
minimum of 7 years to a maximum of 15 years and may also be liable to a fine.
32. Whoever sets up a computer network or connects a link inside the 
computer network, without the prior sanction of the Ministry of 
Communications, Posts and Telegraphs shall, on conviction be punished with 
imprisonment for a term which may extend from a minimum of 7 years to a 
maximum of 15 years and may also be liable to a fine.
33. Whoever fails to comply with a prohibitory order issued by the Council, 
or the 'Ministry of Education or the Ministry of Communications, Posts and 
Telegraphs ill respect of the type of computer prescribed under 
Sub-section(a) of section 26 shall, on conviction be punished with 
imprisonment for a term which may extend to 6 months or with fine or with 
both.
34. Whoever commits any of the following acts using computer network or any 
information technology shall, on conviction be punished with imprisonment 
for a term which may extend from a minimum of 7 years to a maximum of 15 
years, and may also be liable to a fine:-
(a) carrying out any act which undermines State Security, prevalence of law 
and order and community peace and tranquillity, national unity, State 
economy or national culture;
(b) obtaining or sending and distributing any information of State secret 
relevant to State security, prevalance of law and order and community peace 
and tranquillity, national unity, State economy or national culture.
35. Whoever violates any order relating to control issued by the Council 
under Sub-section(c) and Sub-section (d) of section 7 shall, on conviction 
be punished with imprisonment for a term which may extend to 3 years or 
with fine or with both.
36. Whoever imports or exports any type of computer software or any 
information prescribed by the Council under sub-section (g) of section 7 
shall, on conviction be punished with imprisonment for a term which may 
extend from a minimum of 5 years to a maximum of 10 years and may also be 
liable to a fine.
37. Whoever fails to comply with an order abolishing any computer 
association, issued by the Council under sub-section (j) of section 7 
shall, on conviction be punished with imprisonment for a term which may 
extend to 3 years, or with fine or with both.
38. Whoever attempts or conspires to commit any offence under this law or 
abets in the commission of such offence shall, on conviction be punished 
with the same penalty prescribed in this Law for such offence.
39. The Court shall, in ordering a penalty for any offence under this Law, 
confiscate or destroy or dispose of the exhibits relevant to the offence in 
a accordance with the stipulations.

CHAPTER XI
Miscellaneous
40. With respect to transferring computer technology, it shall be done in 
accordance with the provisions of Chapter VII of the Science and Technology 
Development Law.
41. In instituting legal proceedings under the Law, prior sanction of the 
Ministry of Home Affairs shall be obtained.
42. In order to carry out the provisions of this Law:
(a) The Ministry of Education may, with the approval of the Government; 
issue such rules and procedures may be necessary;
(b) The Council or the Ministry of Education may issue such orders and 
directives as may be necessary;
(c) The Ministry of Communications, Posts and Telegraphs may issue such 
orders and directives as may be necessary.

                                                Sd. Than Shwe
                                                Senior General
                                                  Chairman
                    The State Law and Order Restoration Council