Are Burmese Rubies Still Banned in the US?

Burmese rubies are not banned outright in the US the way they were between 2008 and 2016, but buying or importing them still carries serious legal risk. Since April 2021, the US Treasury has blocked all transactions involving Myanma Gems Enterprise (MGE), the state-owned company that controls every stage of Myanmar’s gem trade. Because almost every legally mined Burmese ruby passes through MGE’s permitting and royalty system, most transactions today either touch a sanctioned entity or require provenance documentation strong enough to prove they don’t.

The Current Rule: Entity-Based Sanctions, Not a Country Ban

The controlling authority is Executive Order 14014, signed by President Biden on February 10, 2021, after Myanmar’s military overthrew the civilian government on February 1 of that year. The order declared a national emergency and authorized Treasury to block the property of anyone operating in specified sectors of the Burmese economy, along with military officials and their supporters.

On April 8, 2021, the Office of Foreign Assets Control (OFAC) added Myanma Gems Enterprise to its Specially Designated Nationals (SDN) list. MGE is the state-owned enterprise responsible for permitting, licensing, enforcing regulations, collecting royalties, organizing gem emporiums, and supervising private mining operations in Myanmar. All MGE property and interests within the United States or controlled by US persons are blocked, and US persons are prohibited from engaging in any transaction involving MGE’s property or interests unless OFAC has issued a license authorizing it. The prohibition extends to any entity owned 50 percent or more by MGE or other blocked persons.

MGE remained on the SDN list as of early 2026, and Treasury has shown no sign of winding down the Myanmar program while the junta stays in power.

Why This Reaches Almost Every Burmese Ruby

In theory, a Burmese ruby that reached the market through channels completely untouched by MGE or any other sanctioned entity would not be prohibited. In practice, MGE’s role in gemstone permitting, licensing, and royalty collection means a clean supply chain is extraordinarily difficult to establish. OFAC has not treated “I didn’t know the supply chain touched MGE” as a persuasive defense.

How Today’s Rules Differ From the 2008 Ban

The earlier Tom Lantos Block Burmese JADE Act, signed on July 29, 2008, imposed a blanket prohibition on any “Burmese covered article,” including rubies, jadeite, and jewelry containing either stone, regardless of where the stone was cut or polished. That closed a long-standing loophole: congressional findings noted that while over 90 percent of the world’s rubies came from Myanmar, only 3 percent of rubies entering the US were declared as Burmese in origin, because stones routinely entered after processing in Thailand, China, or elsewhere.

That ban was lifted on October 7, 2016, when President Obama signed Executive Order 13742, terminating the underlying national emergency. Treasury confirmed the result plainly: “The ban on the importation into the United States of Burmese-origin jadeite and rubies, and any jewelry containing them, has been revoked.” Customs and Border Protection removed the JADE Act’s import prohibitions from its regulations, and for about four and a half years Burmese rubies entered the US legally under ordinary customs procedures.

The current sanctions took a different shape. EO 14014 blocks transactions with designated persons and organizations rather than banning a category of goods by country of origin. The legal effect for most buyers, though, converges on the same place, because the designated entity sits at the center of Myanmar’s ruby supply.

Penalties for Violations

The Burma Sanctions Regulations carry penalties under the International Emergency Economic Powers Act. Each civil violation can trigger a penalty up to the greater of $377,700 or twice the value of the transaction. Willful violations are criminal and can bring fines up to $1,000,000 and imprisonment up to 20 years. The penalties apply to anyone who violates, attempts to violate, conspires to violate, or aids in a violation.

What This Means for Different Buyers

The sanctions apply to all US persons, not only commercial importers. What that looks like in practice depends on the type of transaction.

  • Commercial importers. Any transaction involving MGE or an entity owned 50 percent or more by blocked persons is prohibited. Given MGE’s central role, importers need airtight provenance documentation proving the stones never passed through sanctioned channels. Standard customs declarations and tariffs still apply, and commercial shipments valued at $2,500 or more require formal entry with a customs bond.
  • Collectors and individual buyers. Buying a Burmese ruby at an overseas auction or from a foreign dealer can violate sanctions if any blocked entity has an interest in the transaction. Due diligence on provenance is not optional.
  • Holders of pre-2021 stones. Rubies that were already in the United States or in private hands outside Myanmar before the 2021 sanctions took effect are generally not affected, because no new transaction with a blocked entity is involved. Resale chains that loop back through sanctioned parties could still create problems.

Duties and Taxes on Legally Sourced Stones

Loose rubies and unmounted gemstones that qualify as precious stones and are not set or mounted with metal enter duty-free from countries with normal trade relations status. Once set in metal, they are classified as jewelry and subject to the duty rates in Chapter 71 of the Harmonized Tariff Schedule. State sales tax on jewelry ranges from zero in some states to over 10 percent in others.

Practical Steps Before Buying

Screen any counterparty and any entity in the supply chain against the SDN list, which OFAC updates regularly. Ask for and keep provenance documentation showing when and how the stone left Myanmar and every hand it passed through. If any part of the chain is unclear, or if a licensed dealer cannot document that no blocked entity had an interest in the transaction, treat that as a stop sign. Consulting a sanctions compliance attorney before committing to a significant purchase is the safer path; provenance paperwork alone does not always cure the underlying legal risk.