Search Legislation

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement, interpretation and extent

1.—(1) This Order may be cited as the Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2018 and comes into force on 22nd May 2018.

(2) In this Order, “the principal Order” means the Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2012(1).

(3) This Order extends to the territories listed in Schedule 1 to the principal Order.

Amendment of the principal Order

2.  The principal Order is amended in accordance with articles 3 to 10 of this Order.

3.  In article 3(1), insert the following definitions in the appropriate place—

“earth and stone, including magnesite and magnesia” means items listed in Annex XIi of the Council Regulation;;

“food and agricultural products” means items listed in Annex XIg of the Council Regulation;;

“industrial machinery, transportation vehicles, and iron, steel and other metals” means the items listed in Part A of Annex XIl of the Council Regulation;;

“machinery and electrical equipment” means items listed in Annex XIh of the Council Regulation;;

“ships, boats and floating structures” means items listed in Annex XIk of the Council Regulation;;

“wood” means items listed in Annex XIj of the Council Regulation..

4.  In article 7—

(a)in paragraph (2)—

(i)after “refined petroleum products”, for “ or”, substitute “,”, and

(ii)after “crude oil”, insert “, or industrial machinery, transportation vehicles, and iron, steel and other metals”;

(b)in paragraph (3)—

(i)at the end of sub-paragraph (h), omit “or”,

(ii)at the end of sub-paragraph (i), for “,”, substitute “;”, and

(iii)after sub-paragraph (i), insert—

(j)earth and stone, including magnesite and magnesia;

(k)food and agricultural products;

(l)machinery and electrical equipment;

(m)ships, boats and floating structures; or

(n)wood,;

(c)in paragraph (4)—

(i)after “refined petroleum products” omit “or”, and

(ii)after “crude oil, ” insert “or industrial machinery, transportation vehicles, and iron, steel and other metals,”;

(d)in paragraph (5)—

(i)after “lead ore” for “or”, substitute “,”, and

(ii)after “textiles, ”, insert “earth and stone, including magnesite and magnesia, food and agricultural products, machinery and electrical equipment, ships, boats and floating structures or wood,”;

(e)in paragraph (6), after “airport of origin”, insert “, or with respect to the provision of spare parts necessary to maintain the safe operation of North Korean commercial civilian passenger aircraft”.

5.  In article 10K—

(a)in paragraph (1)(d), for “43(a)”, substitute “43(1)(a)”;

(b)for paragraphs (4) to (6), substitute—

(4) A person (“P”) commits an offence if P registers or maintains on a register a vessel which P knows or has reasonable grounds to suspect has been de-registered by another State pursuant to paragraph 24 of United Nations Security Council resolution 2321 of 30th November 2016, paragraph 8 of United Nations Security Council resolution 2375 of 11th September 2017, or paragraph 12 of United Nations Security Council resolution 2397 of 22nd December 2017(2).

(5) A person (“P”) commits an offence if P provides insurance or re-insurance services to a vessel that P knows, or has reasonable cause to suspect, is owned, controlled, or operated by North Korea.

(6) A person (“P”) commits an offence if P provides insurance or re-insurance services to a vessel that P knows, or has reasonable cause to suspect, has been involved in activities, or the transport of items, prohibited by this Order or to a vessel that is listed in Annex XVIII of the Council Regulation.

(7) A person (“P”) commits an offence if P provides vessel classification services to a vessel which P knows or has reasonable grounds to suspect has been involved in activities, or the transport of items, prohibited by this Order or to a vessel that is listed in Annex XVIII of the Council Regulation.

(8) A person (“P”) commits an offence if P registers or maintains on a register a vessel which P knows or has reasonable grounds to suspect has been involved in activities, or the transport of items, prohibited by this Order or to a vessel that is listed in Annex XVIII to the Council Regulation.

(9) This article is subject to articles 11 and 12..

6.  After article 10U, insert—

Fishing rights

10V.  It is an offence for a person to knowingly obtain or transfer, directly or indirectly, fishing rights from North Korea.

7.  In article 11—

(a)in paragraph (1), for “10K(1), (2), (3) and (5)”, substitute “10K”;

(b)in paragraph (2), for “10K(1), (2), (3) and (5)”, substitute “10K(1), (2), (3), (5), (6), (7) and (8)”;

(c)in paragraph (3)(m) omit “to any North Korea flagged vessel”;

(d)in paragraph (3)(ma) omit “that is owned, controlled, or operated by North Korea or North Korean nationals”;

(e)after paragraph (3)(ma) insert—

(mb)the provision of insurance or reinsurance services to a vessel;;

(f)in paragraph (3)(w)—

(i)at the end of paragraph (viii) delete “or”;

(ii)at the end of paragraph (ix) for “;” substitute “, or”;

(iii)after paragraph (ix) insert—

(a)2397 adopted on 22 December 2018;;

(g)for sub-paragraph (z2) of paragraph (3), substitute—

(z2)the sale, supply, transfer or export of crude oil which the Governor determines satisfies the requirements of paragraph 15 of United Nations Security Council resolution 2375 of 11 September 2017, or United Nations Security Council resolution 2397 of 22 December 2017..

8.  In article 12, for “10K(1), (2), (3) and (5)”, substitute “10K”.

9.  In article 17(2), for “10U, or 11(10)” substitute “10U, 10V, or 11(10)”.

10.  In Schedule 2—

(a)in paragraph 2—

(i)in sub-paragraph (1)(a), for “or textiles”, substitute “textiles, earth and stone, including magnesite and magnesia, food and agricultural products, machinery and electrical equipment, vessels, wood, or industrial machinery, transportation vehicles, and iron, steel and other metals”;

(ii)in sub-paragraph (3), for “or textiles”, substitute “textiles, earth and stone, including magnesite and magnesia, food and agricultural products, machinery and electrical equipment, vessels, wood, or industrial machinery, transportation vehicles, and iron, steel and other metals”;

(b)in paragraph 3—

(i)in sub-paragraph (4), for “or textiles”, substitute “textiles, earth and stone, including magnesite and magnesia, food and agricultural products, machinery and electrical equipment, vessels, wood, or industrial machinery, transportation vehicles, and iron, steel and other metals”;

(ii)in sub-paragraph (5), for “or textiles”, substitute “textiles, earth and stone, including magnesite and magnesia, food and agricultural products, machinery and electrical equipment, vessels, wood, or industrial machinery, transportation vehicles, and iron, steel and other metals”.

Richard Tilbrook

Clerk of the Privy Council

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources