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The Export Control (North Korea Sanctions) Order 2018

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Contravention or circumvention of prohibitions in Chapters II and III of the North Korea Regulation

Contravention of relevant prohibitions related to goods or technology listed in Annexes II, III, IV, V, VI and VII to the North Korea Regulation

5.—(1) A person who contravenes a relevant prohibition in a provision of the North Korea Regulation mentioned in paragraph (2) commits an offence.

(2) The provisions are—

(a)Article 3(1)(a) (prohibition on sale, supply or transfer of goods or technology listed in Annex II to the North Korea Regulation to persons in, or for use in, the DPRK);

(b)Article 3(1)(b) (prohibition on sale, supply, transfer or transport of aviation fuel listed in Annex III to the North Korea Regulation to the DPRK);

(c)Article 3(1)(c) (prohibition on purchase or transfer from the DPRK of goods and technology listed in Annex II to the North Korea Regulation);

(d)Article 3(1)(d) (prohibition on purchase or transfer from the DPRK of gold, titanium ore, vanadium ore and rare earth minerals listed in Annex IV to the North Korea Regulation);

(e)Article 3(1)(e) (prohibition on purchase or transfer from the DPRK of coal, iron and iron ore listed in Annex V to the North Korea Regulation);

(f)Article 3(1)(f) (prohibition on purchase or transfer from the DPRK of petroleum products listed in Annex VI to the North Korea Regulation);

(g)Article 3(1)(g) (prohibition on purchase or transfer from the DPRK of copper, nickel, silver or zinc listed in Annex VII to the North Korea Regulation).

Contravention of relevant prohibitions related to items destined for DPRK’s or another State’s armed forces

6.—(1) A person who contravenes a relevant prohibition in Article 5(1) of the North Korea Regulation (prohibition on sale, supply, transfer to the DPRK of items (other than food or medicine) known or suspected to be destined for the DPRK’s armed forces or items which may support another State’s armed forces) commits an offence.

(2) A person who contravenes a relevant prohibition in Article 5(2) of the North Korea Regulation (prohibition on sale, supply, transfer from the DPRK of items (other than food or medicine) known or suspected to be destined for the DPRK’s armed forces or items which may support another State’s armed forces) commits an offence.

Contravention of prohibitions on provision of financing or other assistance related to goods and technology in the EU Common List of Military Equipment or in Annex II to the North Korea Regulation

7.—(1) A person who contravenes a prohibition in a provision of the North Korea Regulation mentioned in paragraph (2) commits an offence.

(2) The provisions are—

(a)Article 7(1)(a) (prohibition on provision of technical assistance and brokering services related to goods and technology listed in the EU Common List of Military Equipment or Annex II to the North Korea Regulation and related to the provision, manufacture, maintenance and use of such goods);

(b)in so far as it relates to any activity other than providing financing or financial assistance related to technology, Article 7(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 Annex II to the North Korea Regulation or for the provision of related technical assistance);

(c)in so far as it relates to obtaining financing or financial assistance related to goods, Article 7(1)(d) (prohibition on obtaining financing or financial assistance related to goods and technology listed in the EU Common List of Military Equipment or Annex II to the North Korea Regulation or for the provision of related technical assistance).

(3) A person who contravenes a prohibition in a provision of the North Korea Regulation mentioned in paragraph (4) commits an offence.

(4) The provisions are—

(a)in so far as it relates to the providing of financing or financial assistance related to technology, Article 7(1)(b);

(b)Article 7(1)(c) (prohibition on obtaining technical assistance related to goods and technology listed in the EU Common List of Military Equipment or Annex II to the North Korea Regulation and related to the provision, manufacture, maintenance and use of such goods);

(c)in so far as it relates to any activity other than obtaining financing or financial assistance related to goods, Article 7(1)(d).

Contravention of relevant prohibitions related to luxury goods listed in Annex VIII to the North Korea Regulation

8.—(1) A person who contravenes a relevant prohibition in Article 10(1)(a) of the North Korea Regulation (prohibition on sale, supply or transfer to the DPRK of luxury goods listed in Annex VIII to the North Korea Regulation) commits an offence.

(2) A person who contravenes a relevant prohibition in Article 10(1)(b) of the North Korea Regulation (prohibition on purchase or transfer from the DPRK of luxury goods listed in Annex VIII to the North Korea Regulation) commits an offence.

Contravention of relevant prohibitions related to gold, precious metals or diamonds listed in Annex IX to the North Korea Regulation

9.—(1) A person who contravenes a relevant prohibition in Article 11(a) of the North Korea Regulation (prohibition on sale, supply or transfer to or for the Government of the DPRK, its bodies etc of gold, precious metals and diamonds listed in Annex IX to the North Korea Regulation) commits an offence.

(2) A person who contravenes a relevant prohibition in Article 11(b) of the North Korea Regulation (prohibition on purchase or transport from the Government of the DPRK, its bodies etc of gold, precious metals and diamonds listed in Annex IX to the North Korea Regulation) commits an offence.

(3) A person who contravenes a prohibition in Article 11(c) of the North Korea Regulation (prohibition on provision of financing, financial assistance, technical assistance or brokering services to the Government of the DPRK, its bodies etc relating to goods listed in Annex IX to the North Korea Regulation) commits an offence.

Contravention of relevant prohibitions related to DPRK denominated banknotes and minted coinage

10.  A person who contravenes a relevant prohibition in Article 12 of the North Korea Regulation (prohibition on sale, supply or transfer of certain DPRK banknotes and minted coinage to or for the benefit of the Central Bank of the DPRK) commits an offence.

Contravention of relevant prohibitions related to statues listed in Annex X to the North Korea Regulation

11.  A person who contravenes a relevant prohibition in Article 13 of the North Korea Regulation (prohibition on purchase or transfer from the DPRK of statues listed in Annex X to the North Korea Regulation) commits an offence.

Contravention of relevant prohibitions related to helicopters or vessels listed in Annex XI to the North Korea Regulation

12.  A person who contravenes a relevant prohibition in Article 15 of the North Korea Regulation (prohibition on sale, supply or transfer to the DPRK of helicopters or vessels listed in Annex XI to the North Korea Regulation) commits an offence.

Contravention of relevant prohibitions related to seafood listed in Annex XIa to the North Korea Regulation

13.  A person who contravenes a relevant prohibition in Article 16a of the North Korea Regulation (prohibition on purchase or transfer from the DPRK of seafood) commits an offence.

Contravention of relevant prohibitions related to lead or lead ore listed in Annex XIb to the North Korea Regulation

14.  A person who contravenes a relevant prohibition in Article 16b of the North Korea Regulation (prohibition on purchase or transfer from the DPRK of lead or lead ore listed in Annex XIb to the North Korea Regulation) commits an offence.

Contravention of relevant prohibitions related to condensates and natural gas liquids listed in Annex XIc to the North Korea Regulation

15.  A person who contravenes a relevant prohibition in Article 16c of the North Korea Regulation (prohibition on sale, supply or transfer to the DPRK of condensates and natural gas liquids listed in Annex XIc to the North Korea Regulation) commits an offence.

Contravention of relevant prohibitions related to refined petroleum products listed in Annex XId to the North Korea Regulation

16.  A person who contravenes a relevant prohibition in Article 16d of the North Korea Regulation (prohibition on sale, supply or transfer to the DPRK of refined petroleum products listed in Annex XId to the North Korea Regulation) commits an offence.

Contravention of relevant prohibitions related to crude oil listed in Annex XIe to the North Korea Regulation

17.  A person who contravenes a relevant prohibition in Article 16f of the North Korea Regulation (prohibition on sale, supply or transfer to the DPRK of crude oil listed in Annex XIe to the North Korea Regulation) commits an offence.

Contravention of relevant prohibitions related to textiles listed in Annex XIf to the North Korea Regulation

18.  A person who contravenes a relevant prohibition in Article 16h of the North Korea Regulation (prohibition on purchase or transfer from the DPRK of textiles listed in Annex XIf to the North Korea Regulation) commits an offence.

Contravention of prohibitions related to mining services, computer services and other services listed in Annex XII to the North Korea Regulation

19.—(1) A person who contravenes a prohibition in a provision of the North Korea Regulation mentioned in paragraph (2) commits an offence.

(2) The provisions are—

(a)Article 18(1)(a) (prohibition on provision to persons in or for use in the DPRK of services incidental to mining or to manufacturing in the chemical, mining or refining industry referred to in Part A of Annex XII to the North Korea Regulation);

(b)Article 18(1)(b) (prohibition on provision to persons in or for use in the DPRK of computer and related services referred to in Part B of Annex XII to the North Korea Regulation).

Circumvention of relevant prohibitions in the North Korea Regulation

20.—(1) A person who participates, knowingly and intentionally, in an activity the object or effect of which is—

(a)to circumvent any relevant prohibition in a provision of the North Korea Regulation mentioned in paragraph (2), or

(b)to enable or facilitate the circumvention of any such prohibition,

commits an offence.

(2) The provisions are—

(a)Article 3(1)(a), (b), (c), (d), (e), (f) or (g);

(b)Article 5(1) or (2);

(c)Article 7(1)(a);

(d)in so far as it relates to any activity other than providing financing or financial assistance related to technology, Article 7(1)(b);

(e)in so far as it relates to obtaining financing or financial assistance related to goods, Article 7(1)(d);

(f)Article 10(1)(a) or (b);

(g)Article 11(a), (b) or (c);

(h)Article 12;

(i)Article 13;

(j)Article 15;

(k)Article 16a;

(l)Article 16b;

(m)Article 16c;

(n)Article 16d;

(o)Article 16f;

(p)Article 16h;

(q)Article 18(1)(a) or (b).

(3) A person who participates, knowingly and intentionally, in an activity the object or effect of which is—

(a)to circumvent any of the prohibitions in a provision of the North Korea Regulation mentioned in paragraph (4), or

(b)to enable or facilitate the circumvention of any such prohibition,

commits an offence.

(4) The provisions are—

(a)in so far as it relates to providing financing or financial assistance related to technology, Article 7(1)(b);

(b)Article 7(1)(c);

(c)in so far as it relates to any activity other than obtaining financing or financial assistance related to goods, Article 7(1)(d).

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