What is an INGO?

Under Myanmar law, an International Non-Governmental Organisation (INGO) is defined as an organisation that is legally established outside of Myanmar and registered with the Myanmar authorities. Once registered, an INGO may operate in Myanmar as a branch, rather than as a separate legal entity.

Foreign non-profit organisations intending to conduct 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 in Myanmar may take approximately one year. This timeframe includes, as outlined in more detail below, the negotiation of a Memorandum of Understanding (MoU) with the relevant government authority or organisation, followed by the issuance of an INGO Registration Certificate.

Steps to Register an INGO in Myanmar

The process generally involves the following three key steps:

1. Negotiate and Prepare a Draft MoU

Before applying for formal registration, the INGO must negotiate and prepare a draft Memorandum of Understanding with the relevant Myanmar government authority or organisation. This step may take several months.

2. Obtain a Temporary Registration Certificate

To obtain a Temporary Registration Certificate, the INGO must secure approvals from several government bodies, including:

1. The relevant government authority or organisation (usually a party to the MoU);
2. The Ministry of Investment and Foreign Economic Relations;
3. The Ministry of Immigration and Population;
4. A recommendation letter from the Ministry of Foreign Affairs;
5. The State/Regional Government or Naypyidaw Council, depending on the intended area of operation.

The INGO must also submit the following information to the Union Registration Board, chaired by the Minister of Home Affairs:

1. INGO's details (name, background, evidence of legal registration, the name of the chairperson, the individual responsible for Myanmar operations, head office address, and contact information);
2. Description of planned activities in Myanmar and sources of funding;
3. List of executive members involved in Myanmar operations, along with copies of their passports or National Registration Cards (at least 40% must be Myanmar nationals).

The Union Registration Board is expected to issue a Temporary Registration Certificate within 21 days of receiving a complete application.

3. Obtain the Registration Certificate

After reviewing the application, the Union Registration Board may approve and issue a Registration Certificate within 30 days of its decision. However, no statutory timeline is provided for the review process, and in practice, this step may take several months.

How We Can Assist Your Project in Myanmar

Our team of experienced Myanmar and international lawyers can guide and support your organisation through every stage of the INGO registration process, including:

• Negotiating and drafting the MOU with the relevant government authority or organisation;
• Obtaining the INGO Registration Certificate;
• Providing ongoing support with reporting obligations and renewals of the Registration Certificate.