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European Union Sanctions: Democratic People’s Republic of Korea (North Korea)

Friday, 17 February 2017

On 22 February 2017, the Export Control (North Korea Sanctions and Iran, Ivory Coast and Syria Amendment) Order 2017 comes into operation.

The Order amends previously applied provisions concerned with the enforcement in the Island of trade restrictions involving North Korea and imposed under EU Regulations that have been applied as part of Island law. It creates offences and penalties for contravening or circumventing the trade restrictions.

For information, the following activities are prohibited by the Council Regulation (EU) No 329/2017 unless authorised –

  • the sale, supply, etc. of goods and technology, including software, listed in Annexes  

     to the Regulation, to any natural or legal person, entity or body in, or for use in North

     Korea;

  • the sale, supply, etc. of aviation fuel to North Korea or transport to North Korea of aviation fuel on board flag vessels and aircraft of Member States;
  • the purchase, import or transport of goods and technology listed in Annexes to the Regulation from North Korea;
  • the import, purchase or transport of gold, titanium ore, vanadium ore and rare earth minerals, or coal, iron, and iron ore, as listed from North Korea;
  • the import, purchase or transfer from North Korea of petroleum products;
  • the sale, supply, etc. of any item, except food or medicine, if the exporter knows or has reasonable grounds to believe the item is destined for North Korea’s or another State’s armed forces;
  • the purchase, import or transport from North Korea of items referred to in Article 2a(1) of the Regulation;
  • the provision of technical assistance and brokering services services related to goods and technology listed in the EU Common Military List or in Annexes to the Regulation to any natural or legal person, entity or body in, or for use in, North Korea;
  • the provision of financing or financial assistance related to goods and technology listed in the EU Common Military List or in Annexes to the Regulation to any natural or legal person, entity or body in, or for use in, North Korea;
  • obtaining technical assistance related goods and technology listed in the EU Common Military List  or in Annexes to the Regulation from any natural or legal person, entity or body in, or for use in, North Korea;
  • obtaining financing or financial assistance related to goods and technology listed in the EU Common Military List or in Annexes to the Regulation from any natural or legal person, entity or body in, or for use in North Korea;
  • the sale, supply, etc. of luxury goods, as listed in Annex III to the Regulation, to North Korea.

The following activities are prohibited by the Regulation (and authorisation is not available or applicable):

  • the purchase, import or transfer from North Korea of luxury goods;
  • the sale, supply, etc. of gold, precious metals and diamonds to or for the Government of North Korea and public bodies;
  • the purchase, import or transport of gold, precious metals and diamonds from the Government of North Korea and certain public bodies;
  • the provision of technical assistance, brokering services, financing or financial assistance, related to the goods referred to in Articles 4(a)(1)(a) and (b) of the Regulation, to the Government of North Korea and public bodies either –

     insofar as that Article concerns the provision of technical assistance or brokering services;

     or

     insofar as that Article concerns the provision of financing or financial assistance;

  • the sale, supply, etc. of newly printed or unissued North Korean dominated banknotes and minted coinage, to or for the benefit of the Central Bank of North Korea;
  • accepting or approving investment in any commercial activity where such investment is made by certain persons, entities or bodies associated with North Korea;
  • establishing a joint venture with or taking or extending an ownership interest in any legal person, entity or body referred to in points (a) to (f) of Article 5b (1) of the Regulation engaged in North Korea’s nuclear-related, ballistic-missile-related or other WMD-related activities or programmes, or in the sectors of mining, refining and chemical industries;
  • granting financing or financial assistance to any legal person, entity or body referred to in points (d) to (f) of Article 5b(1) of the Regulation or for the documented purpose of financing such legal persons; entities or bodies;
  • providing investment services directly related to the activities referred to in points (a) and (b) of Article 5b(1) of the Regulation;
  • participating in joint ventures or any other business arrangements with entities listed in Annex IV to the Regulation as well as individuals or entities acting for or on their behalf or direction; and
  • provision of financing or financial assistance for trade with North Korea where such financial support could contribute to North Korea’s nuclear missile programmes or other activities prohibited by the Regulation or to the circumvention of this prohibition.

Sanctions Notice 23 has been amended accordingly.

For more information, please contact Customs and Excise. 

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