To whom it may concern,

We are the Special Advisory Council for Myanmar (SAC-M), a group of independent international experts and former United Nations (UN) mandate holders on Myanmar.

As you will know, the Myanmar military attempted to seize power in Myanmar by staging a coup in February 2021. Since then, the military junta has continued to commit gross human rights abuses against the civilian population in Myanmar, including by targeting and killing peaceful demonstrators, indiscriminate shelling in civilian areas, massacre, arson attacks, torture and execution. These violations have resulted in the killing of large numbers of civilians, including children, and have been classified as potential war crimes by authoritative UN mechanisms such as the Independent Investigative Mechanism for Myanmar (IIMM).

While the Myanmar military is able to purchase weapons from foreign suppliers, it also manufactures a large quantity of weapons itself in country. These weapons – made at so called KaPaSa factories under the supervision of the Myanmar Directorate of Defence Industries (DDI) – have been identified by SAC-M as having been used by Myanmar’s armed forces prior to, during, and after the attempted coup to commit gross human rights abuse, war crimes and possible acts of genocide.

Over the past year, SAC-M has mapped out the Myanmar military’s weapon manufacturing in the country, with a view to identifying suppliers of products – including transfers of technology and know-how, raw materials, parts and components, end-items as well as technology and machinery – needed by the DDI to manufacture weapons at scale.

SAC-M’s report, attached to the present letter, identifies a large number of companies domiciled in various jurisdictions that appear to have supplied, or continue to supply, the DDI with products needed to sustain weapon manufacturing in Myanmar. According to credible information received by SAC-M, the provision of many of the identified products may be taking place in contravention of international export controls and other restrictive measures that currently apply in relation to Myanmar, the Myanmar military and companies associated with it. SAC-M has also identified a large number of Myanmar-based companies that, acting as front companies for the Myanmar military, appear to be enabling deals for the DDI for the manufacturing of weapons in the country.

We are contacting you, because your products / services have been identified in our research as being used by the DDI in Myanmar for the manufacturing of weapons.

We invite you to respond to the findings of the report. All responses by companies and their home States identified in the report will be made public on SAC-M’s website, together with this letter and the report itself.

In particular, we invite you to respond to the following questions:

1. How have your products/services ended up at KaPaSa factories for the manufacturing of weapons in Myanmar?
2. What, if any, export control permits have you obtained for the export of the products / services identified in the report?
3. What are your current due diligence practices to identify and assess the human rights impacts of your products / services, especially when they are used in conflict-affected areas such as Myanmar?
4. What actions have you taken, or do you intend to take, to address the risk that your products / services end up in use by the Myanmar DDI for manufacturing of weapons? Specifically, what are the contractual and technological means available to you, and with regard to the leverage you can exert over dealers, agents, and others with whom you have a business relationships, to address the findings in SAC-M’s report and how do you intend to make use of such measures?
5. What are your public commitments to respect human rights and create robust human rights due diligence policies and processes connected with the use of your products and services, including via your business relationships?
6. How do you consult with stakeholders in relation to the actual and potential human rights risks arising from your activities and from the activities of those with whom you have business relationships?

Thank you for your consideration on this matter.

Download letter

English version | Burmese version (still to come…)

Response from Tonbo Imaging, via email, 13 January 2023

Dear Sir/Madam

My name is Arvind Lakshmikumar. I am the CEO of Tonbo Imaging and am writing this email in response to your email and draft report below.
The report alleges that Tonbo Imaging’s thermal weapon sight (EK) has been supplied to Myanmar. I would like to confirm that this information is incorrect and we have not sold any thermal sights to Myanmar or to customers who supply to Myanmar.

In response to your questions:

1. How have your products/services ended up at KaPaSa factories for the manufacturing of weapons in Myanmar?

Tonbo’s products have not been sold to KaPaSa factories or to any of their suppliers.

2. What, if any, export control permits have you obtained for the export of the products / services identified in the report?

Every product of Tonbo, if identified as military or dual use, undergoes an export clearance process that is governed by SCOMET (under the Ministry of India export process). All products are exported only after we obtain a SCOMET license. The SCOMET license requires a clear traceability of both the consignee and the end user.

3. What are your current due diligence practices to identify and assess the human rights impacts of your products / services, especially when they are used in conflict-affected areas such as Myanmar?

We understand the problems caused by human rights violations in Myanmar and other conflict ridden areas. Tonbo Imaging does not sell to countries that engage in this and/or are under sanctions by the Govt. of India/United Nations.

4. What actions have you taken, or do you intend to take, to address the risk that your products / services end up in use by the Myanmar DDI for manufacturing of weapons?

Specifically, what are the contractual and technological means available to you, and
with regard to the leverage you can exert over dealers, agents, and others with whom
you have a business relationships, to address the findings in SAC-M’s report and how
do you intend to make use of such measures?

Any export by Tonbo undergoes a SCOMET clearance process that is vetted by the Government of India through a multi-level approval process. The SCOMET application lays out the sales chain including consignees, systems integrators and end users. If this chain has any sanctioned entities, a SCOMET approval is denied.

5. What are your public commitments to respect human rights and create robust human
rights due diligence policies and processes connected with the use of your products and services, including via your business relationships?

Like any responsible business, we respect and adhere to the laws of the land. Tonbo Imaging’s products are used by customers worldwide and they protect and safeguard soldiers and homeland security defenders. We don’t make weapons. The nature of the products (sights, observation devices) are for use by military and paramilitary personnel. The steps we take to ensure that these products are not sold into the wrong hands are

1. Identification of the end user
2. KYC of the distributor/systems integrator
3. End user undertaking of the use of the product
4. Documentary evidence submitted to our Government for their due diligence

6. How do you consult with stakeholders in relation to the actual and potential human rights risks arising from your activities and from the activities of those with whom you have business relationships?

Tonbo sells only to customers where there is no/minimal risk of any violations. Given that we are a small company with limited legal resources for diligence, we rely on the due diligence and KYC process that is done by SCOMET and undertaken by the Government of India for final approvals. We carry out our own diligence by engagement with the customers and their end users.

We appreciate the work that is being done by SAC and would like to assure you that Tonbo Imaging follows all due diligence and approval processes before we make any sale to any customer. In the context of Myanmar, we reiterate that the information that you have been provided is incorrect and Tonbo has not made sales of Thermal weapon sights to any customer/distributor in Myanmar as identified by your report.

If you need any clarifications, please feel free to contact me directly.

regards,
Arvind

Response from FRITZ WERNER Industrie-Ausrüstungen GmbH, via email, 18 January 2023

Dear Sir or Madam,

With reference to your below mail dated 10^th Jan. 2023, we would like to inform you that Fritz Werner stopped its activities in weapons manufacturing a long time ago.

In the very distant past Fritz Werner (a former state-owned company) has supplied products and services to Myanmar within the given legal framework and export permits that had been issued by the German government at that time. However due to the developments in Myanmar Fritz Werner Industrie-Ausrüstungen GmbH stopped all activities in Myanmar more than 20 years ago.

Best regards,

Fritz Werner Industrie-Ausrüstungen GmbH