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The Export Control (North Korea and Ivory Coast Sanctions and Syria Amendment) Order 2013

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This is the original version (as it was originally made).

PART 2Offences in relation to prohibitions in the North Korea Regulation

Offences related to equipment and goods and technology listed in Annex I, Ia and Ib or in the EU Common List of Military Equipment

4.  Unless authorised by an EU authorisation, a person who is knowingly concerned in an activity, other than the export or the import of goods, prohibited by any of the following Articles of the North Korea Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested—

(a)Article 2(1)(a) (prohibition on sale etc. of goods or technology, including software, listed in Annexes I, Ia and Ib, whether or not originating in the Union, to any natural or legal person, entity or body in, or for use in North Korea);

(b)Article 2(3) (prohibition on the purchase etc. of the goods and technology listed in Annexes I, Ia and Ib from North Korea, whether or not the item concerned originates in North Korea);

(c)Article 3(1)(a) (prohibition on provision of technical assistance and brokering services related to goods or technology listed in the EU Common List of Military Equipment or in Annexes I, Ia and Ib and to the provision, manufacture, maintenance and use of goods listed in the EU Common List of Military Equipment or in Annexes I, Ia, and Ib to any natural or legal person, entity or body in, or for use in, North Korea);

(d)Article 3(1)(b) (prohibition on provision of financing or financial assistance related to goods and technology listed in the EU Common List of Military Equipment or in Annexes I, Ia and Ib, to any natural or legal person, entity or body in, or for use in, North Korea);

(e)Article 3(1)(c) (prohibition on obtaining technical assistance related to goods and technology in the EU Common List of Military Equipment or in Annexes I, Ia and Ib and to the provision, . manufacture, maintenance and use of goods listed in the EU Common List of Military Equipment or in Annexes I, Ia, and Ib from any natural or legal person, entity or body in, or for use in , North Korea);

(f)Article 3(1)(d) (prohibition on obtaining financing or financial assistance related to goods and technology in the EU Common List of Military Equipment or in Annexes I, Ia and Ib, for any sale, supply, etc. of such items, or for any provision of related technical assistance from any natural or legal person, entity or body in, or for use in, North Korea).

Offences related to the movement of luxury goods to North Korea

5.  Unless authorised by an EU authorisation, a person who is knowingly concerned in an activity, other than the export of goods, prohibited by Article 4(a) of the North Korea Regulation (prohibition on sale, etc. of luxury goods, as listed in Annex III, to North Korea) with intent to evade a prohibition in that Article commits an offence and may be arrested.

Offences related to the movement of gold, precious metals and diamonds listed in Annex VII

6.  A person who is knowingly concerned in an activity, other than the export or the import of goods, prohibited by any of the following Articles of the North Korea Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested—

(a)Article 4a(1)(a) (prohibition on sale, etc. of gold, precious metals and diamonds, as listed in Annex VII, whether or not originating in the Union, to or from the Government of North Korea, its public bodies, corporations and agencies, the Central Bank of North Korea and any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them);

(b)Article 4a(1)(b) (prohibition on purchase, etc. of gold, precious metals and diamonds, as listed in Annex VII, whether or not originating in North Korea, from the Government of North Korea, its public bodies, corporations and agencies, the Central Bank of North Korea and any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them);

(c)Article 4a(1)(c) (prohibition on provision of technical assistance or brokering services or financing or financial assistance related to goods referred to in points (a) and (b) of Article 4a(1) of the North Korea Regulation, to the Government of North Korea, its public bodies, corporations and agencies, the Central Bank of North Korea and any person, entity or body acting on their behalf or at their direction, or any entity or body owned ore controlled by them).

Offences related to the movement of North Korean bank notes and coins

7.  A person who is knowingly concerned in an activity, other than the export of goods, prohibited by Article 4b of the North Korea Regulation (prohibition on sale, etc. of newly printed or unissued North Korean denominated banknotes and minted coinage, to or for the benefit of the Central Bank of North Korea) with intent to evade the prohibitions in that Article commits an offence and may be arrested.

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