(This note is not part of the Order)
This Order, made under the United Nations Act 1946, amends the North Korea (United Nations Sanctions) Order 2009 (S.I. 2009/1749) (“the principal Order”) to give further effect to United Nations sanctions against North Korea under resolution 1874(2009) of the Security Council adopted on 12th June 2009.
This amending Order provides enhanced powers of law enforcement in relation to the maritime interdiction of UK flag vessels.
The principal Order is amended by this Order as follows:
Article 3 of this Order amends Article 1(3) of the principal Order such that any offence under the principal Order may be committed by UK persons outside the UK.
Article 4 inserts a definition of WMD (weapons of mass destruction) goods which are prohibited to be supplied to or procured from North Korea under Security Council resolutions 1718(2006) and 1874 (2009).
Article 5 amends the relevant articles of the principal Order so that it prohibits the carriage of either military goods or WMD goods on UK flag vessels to or from North Korea, and the procurement of such goods from North Korea. The inclusion of WMD goods is to ensure that the enforcement powers now introduced may be used in relation to military goods or WMD goods.
Article 6 omits the provision in the principal Order regarding forfeiture of military goods, as the enforcement powers in Schedule 3 include the power in paragraph 4 to seize and dispose of military goods or WMD goods as required by resolution 1874 (2009).
Article 7 corrects a reference to article 4.
Article 8 substitutes a new article 8 in the principal Order empowering an authorised officer to use the enforcement powers set out in Schedule 3 where there are grounds to suspect that a ship contains military goods or WMD goods. The powers are exerciseable in relation to UK registered ships. The new article 8(4) defines who are authorised officers and article 8(5) defines the conduct included in “the commission of an offence”.
Article 9 inserts new articles 8A and 8B. Article 8A enables the Secretary of State to authorise another State to exercise the powers in Schedule 3 in relation to a UK flag vessel suspected of committing the offences in article 3(3) (carriage of prohibited goods to North Korea) or article 5(3) (carriage of prohibited goods from North Korea). Article 8B provides that the powers in Schedule 3 must not be used in the territorial waters of another State without the authority of the Secretary of State.
Article 10 substitutes a revised article 11 in the principal Order consequent upon the introduction of Schedule 3.
Article 11 substitutes a revised article 13, expanding on the provisions of the Customs and Excise Management Act 1979 which apply to facilitate the investigation and prosecution of offences under the principal Order.
Article 12 contains consequential amendments to article 14 to provide separate penalties for the offences in paragraph 15 of Schedule 3.
Article 13 inserts the new Schedule 3 containing the enforcement powers in relation to ships. It consists of three parts. Part 1 sets out the powers. Part 2 makes provision for judicial oversight of the exercise of the powers of arrest or detention. Part 3 provides offences relating to the obstruction of authorised officers in the exercise of their functions.
Article 14 inserts the new Schedule 4 listing the United Nations Security Council and International Atomic Energy Agency documents which contain the lists of prohibited WMD goods. These documents can be accessed on the website of the UN Sanctions Committee set up under resolution 1718 (2006) at the following web address: www.un.org/sc/committees/ 1718/xportimport_list.shtml.
A regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
