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

Statutory Instruments

2018 No. 524

Overseas Territories

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

Made

24th April 2018

Laid before Parliament

1st May 2018

Coming into force

22nd May 2018

At the Court at Windsor Castle, the 24th day of April 2018

Present,

The Queen’s Most Excellent Majesty in Council

Under article 41 of the Charter of the United Nations, the Security Council of the United Nations has, by resolution 2397 adopted on 22nd December 2017, called upon Her Majesty’s Government in the United Kingdom to apply certain measures to give effect to decisions of the Council in relation to the Democratic People’s Republic of Korea:

Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 1946(1), section 112 of the Saint Helena Act 1833(2), the British Settlements Acts 1887 and 1945(3), and all of the other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:

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(4).

(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(5).

(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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2012 (S.I. 2012/3066) (as amended) and gives effect in specified Overseas Territories to sanctions imposed on the Democratic People’s Republic of Korea by the United Nations Security Council by resolution 2397 adopted on 22nd December 2017.

These sanctions include restrictions on: the export of industrial machinery, transportation vehicles, and iron, steel and others metals to North Korea; the import of earth and stone, including magnesite and magnesia; food and agricultural products; machinery and electrical equipment; ships, boats and floating structures; wood; and fishing rights, from North Korea. These sanctions also include restrictions on the registration, insurance or reinsurance of, or providing classification services for, vessels.

(1)

1946 c.45.

(2)

1833 c.85.

(3)

1887 c.54 and 1945 c.7.

(4)

S.I. 2012/3066, relevant amending instruments are S.I. 2013/1718, S.I. 2016/630, S.I. 2016/769, S.I. 2016/991, S.I. 2017/320, S.I. 2017/780, S.I. 2017/1108, and S.I. 2017/1277.

(5)

S/RES/2397 (2017)