2010 No. 132
The Export Control (North Korea) (Amendment) Order 2010
Made
Laid before Parliament
Coming into force
The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to the interruption or reduction, in part or completely, of economic relations with one or more countries which are not Member States.
The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by sections 1, 2, 3, 4, 5 and 7 of the Export Control Act 20023, makes the following Order:
Citation and commencement1
This Order may be cited as the Export Control (North Korea) (Amendment) Order 2010 and shall come into force on 28th January 2010.
Amendments2
The Export Control (North Korea) Order 20074 is amended as set out in the Schedule to this Order.
SCHEDULE AMENDMENTS TO THE EXPORT CONTROL (NORTH KOREA) ORDER 2007
1
In article 1(2), in the definition of “the Regulation”, after “Council Regulation (EC) No 329/2007” insert “as amended by Commission Regulation (EC) No 117/20085 and Council Regulation (EU) No 1283/20096”.
2
In article 4(1)—
a
for sub-paragraphs (a) and (b) substitute—
a
Article 2(1)(a) (prohibition on sale etc. to North Korea of sensitive dual-use items),
b
Article 2(3) (prohibition on purchase etc. from North Korea of sensitive dual-use items),
b
In sub-paragraphs (c) and (d), substitute “other sensitive goods” with “sensitive dual-use items”;
c
In sub-paragraph (d) delete “or” and, following that sub-paragraph, insert—
da
Article 3(1)(c) (prohibition on obtaining etc. from North Korea technical assistance related to military equipment and sensitive dual-use items),
db
Article 3(1)(d) (prohibition on obtaining etc. from North Korea financing or financial assistance related to military equipment and sensitive items), or
3
In article 4(3) insert “ , 3(1)(c), 3(1)(d)” after “3(1)(b)”
4
In article 4(5)(a) substitute “3(1)(e)” for “3(1)(c)” and “Article 3(1)(a), (b), (c) or (d)” for “Article 3(1)(a) or (b)”.
5
Following article 4(5) insert—
6
In any case where a person would, apart from this paragraph, be guilty of—
a
an offence under this article; and
b
a corresponding offence under the North Korea (United Nations Sanctions) Order 20097
he shall not be guilty of the offence under this article.
(This note is not part of the Order)