Council Decision (CFSP) 2016/849Show full title

CHAPTER IX U.K. GENERAL AND FINAL PROVISIONS

[F1 Article 32 U.K.

No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, wholly or in part, by the measures imposed pursuant to UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2375 (2017) or 2397 (2017), including measures of the Union or any Member State in accordance with, as required by or in any connection with the implementation of the relevant decisions of the UN Security Council or measures covered by this Decision, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:

(a)

designated persons or entities listed in Annex I, II, III, IV, V or VI;

(b)

any other person or entity in the DPRK, including the Government of the DPRK and its public bodies, corporations and agencies;

(c)

any person or entity acting through or on behalf of one of the persons or entities referred to in points (a) or (b); or

(d)

any ship-owner or charterer of a vessel which has been seized or impounded pursuant to paragraph 1 of Article 18b or deregistered pursuant to paragraph 3 of Article 18b or listed in Annex VI.]

Textual Amendments

F1 Substituted by Council Decision (CFSP) 2018/293 of 26 February 2018 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea.

[F2 Article 32a U.K.

The measures imposed in UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) and 2397 (2017) shall not apply if they impede in any way the activities of diplomatic or consular missions in the DPRK pursuant to the Vienna Conventions on Diplomatic and Consular Relations.]

Textual Amendments

F2 Inserted by Council Decision (CFSP) 2018/293 of 26 February 2018 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea.

Article 33 U.K.

[F1 1. The Council shall implement modifications to Annexes I and IV on the basis of determinations made by the UN Security Council or by the Sanctions Committee.

2. The Council, acting by unanimity on a proposal from Member States or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish the lists in Annexes II, III, V and VI and adopt modifications thereto.]

Textual Amendments

F1 Substituted by Council Decision (CFSP) 2018/293 of 26 February 2018 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea.

Article 34 U.K.

1. Where the UN Security Council or the Sanctions Committee lists a person or entity, the Council shall include that person or entity in Annex I.

[F3 2. Where the Council decides to subject a person or entity to the measures referred to in Article 18b(4) or (5), points (b), (c) or (d) of Article 23(1), or points (b), (c) or (d) of Article 27(1), it shall amend Annex II, III, V or VI accordingly.]

3. The Council shall communicate its decision to the person or entity referred to in paragraphs 1 and 2, including the grounds for listing, either directly, if the address is known, or through the publication of a notice, providing that person or entity with an opportunity to present observations.

4. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity accordingly.

Textual Amendments

F3 Substituted by Council Decision (CFSP) 2018/1087 of 30 July 2018 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea.

[F3 Article 35 U.K.

1. Annexes I, II, III, IV, V and VI shall include the grounds for listing of listed persons, entities and vessels, as provided by the UN Security Council or by the Sanctions Committee with regard to Annex I and Annex IV.

2. Annexes I, II, III, IV, V and VI shall also include, where available, information necessary to identify the persons, entities or vessels concerned, as provided by the UN Security Council or by the Sanctions Committee with regard to Annex I and Annex IV. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. Annex I shall also include the date of designation by the UN Security Council or by the Sanctions Committee.]

Textual Amendments

F3 Substituted by Council Decision (CFSP) 2018/1087 of 30 July 2018 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea.

Article 36 U.K.

1. This Decision shall be reviewed, and, if necessary, amended, in particular as regards the categories of persons, entities or items or additional persons, entities or items to be covered by the restrictive measures, or in accordance with relevant UNSCRs.

[F3 2. The measures referred to in Article 18b(4) and (5), points (b), (c) and (d) of Article 23(1) and points (b), (c) and (d) of Article 27(1) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply in respect of the persons and entities concerned if the Council determines, in accordance with the procedure referred to in Article 33(2), that the conditions for their application are no longer met.]

Textual Amendments

F3 Substituted by Council Decision (CFSP) 2018/1087 of 30 July 2018 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea.

[F1 Article 36a U.K.

By way of derogation from the measures imposed by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) or 2397 (2017), provided that the Sanctions Committee has determined that an exemption is necessary to facilitate the work of international and non-governmental organisations carrying out assistance and relief activities in the DPRK for the benefit of the civilian population in the DPRK or for any other purpose consistent with the objectives of those UNSCRs, the competent authority of a Member State shall grant the necessary authorisation.]

Textual Amendments

F1 Substituted by Council Decision (CFSP) 2018/293 of 26 February 2018 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea.

Article 37 U.K.

Decision 2013/183/CFSP is repealed.

Article 38 U.K.

This Decision shall enter into force on the date following that of its publication in the Official Journal of the European Union.