The Democratic People's Republic of Korea (Sanctions) (EU Exit) Regulations 2019 No. 411

PART 8 U.K. Ships

Ownership etc. of DPRK ships U.K.

69.—(1) A person must not own, control, charter or operate a DPRK ship.

(2) Paragraph (1) is subject to Part 9 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that—

(a) the ship was not a DPRK ship at the time that the person first owned, controlled, chartered or operated it, and

(b) as soon as possible after the ship became a DPRK ship, the person took all reasonably practicable steps to relinquish their interest in, or cease their use of, the ship.

(4) In this regulation, a “DPRK ship” means—

(a) a ship registered in the DPRK, or

(b) a ship flying the flag of the DPRK.

Commencement Information

I1 Reg. 69 not in force at made date, see reg. 1(2)

I2 Reg. 69 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

Dealing with UN-designated ships subject to asset-freeze U.K.

70.—(1) A person must not deal with a UN-designated ship subject to an asset-freeze if the person knows, or has reasonable cause to suspect, that the person is dealing with such a ship.

(2) Paragraph (1) is subject to Part 9 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence.

(4) For the purposes of paragraph (1) a person “deals” with a ship if the person is a party to any arrangement the object or effect of which is—

(a) the sale, leasing or exchange of the ship or any interest in the ship, or

(b) the use of the ship, or any interest in the ship, in exchange for funds, goods or services (whether by the pledge of the ship, or any interest in the ship, as security or otherwise).

(5) In this regulation a “UN-designated ship subject to an asset-freeze” means a ship designated by the Security Council or the Committee for the purposes of the provisions listed in paragraph (6) as a ship in respect of which the measures required by paragraph 8(d) of resolution 1718 (asset-freeze etc.) are to be taken.

(6) The provisions referred to in paragraph (5) are—

(a) paragraph 12(d) of resolution 2321;

(b) paragraph 8 of resolution 2375.

Commencement Information

I3 Reg. 70 not in force at made date, see reg. 1(2)

I4 Reg. 70 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

Prohibition on port entry U.K.

71.—(1) A person must not provide a ship to which this paragraph applies with access to a port [F1 in the United Kingdom], if the person knows, or has reasonable cause to suspect, that the ship is a ship to which this paragraph applies.

(2) The master or pilot of a ship to which this paragraph applies must not cause or permit the ship to enter [F2 a port in the United Kingdom] if the master or pilot knows, or has reasonable cause to suspect, that the ship is a ship to which this paragraph applies.

(3) Paragraphs (1) and (2) are subject to Part 9 (Exceptions and licences) (see, in particular, regulation 86).

(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence.

(5) Paragraphs (1) and (2) apply to—

(a) a ship owned, controlled, chartered or operated by designated persons,

(b) a ship owned, controlled, chartered or operated by persons connected with the DPRK,

(c) a ship crewed by persons connected with the DPRK,

(d) a ship registered in the DPRK,

(e) a ship flying the flag of the DPRK, or

(f) a ship for the time being designated by the Security Council or the Committee as a ship in respect of which a UN Security Council Resolution provides for port entry to be prohibited.

(6) In paragraph (5) a “designated person” means—

(a) a person who is designated under regulation 5 for the purposes of this regulation and regulation 73 (movement of ships), or

(b) a person who is a designated person for the purposes of this regulation by reason of regulation 10.

Textual Amendments

F1 Words in reg. 71(1) inserted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591), regs. 1(2), 2(9)(a); S.I. 2020/1514, reg. 5

F2 Words in reg. 71(2) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591), regs. 1(2), 2(9)(b); S.I. 2020/1514, reg. 5

Commencement Information

I5 Reg. 71 not in force at made date, see reg. 1(2)

I6 Reg. 71 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

Directions prohibiting port entry U.K.

72.—(1) A port barring direction may be given to the master or pilot of—

(a) a ship originating from the DPRK, or

(b) a specified ship.

(2) A port barring direction may be given by—

(a) the Secretary of State, or

(b) a harbour authority.

(3) The Secretary of State may direct a harbour authority to take such steps as are reasonably practicable to secure that a ship mentioned in paragraph (1) does not enter a port or ports specified in the direction, or any port.

(4) It is an offence for a person to whom a direction is given under this regulation to fail to comply with the direction.

(5) The Secretary of State may notify a person that the existence of a port barring direction, any part of the content of the direction, or anything done under the direction, is to be treated as confidential.

(6) It is an offence for a person to disclose information if the Secretary of State has notified that person under paragraph (5) that the information is to be treated as confidential.

(7) In this regulation, a “port barring direction” means a direction prohibiting a ship from entering a port or ports specified in the direction, or any port.

Commencement Information

I7 Reg. 72 not in force at made date, see reg. 1(2)

I8 Reg. 72 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

Movement of ships U.K.

73.—(1) A port entry direction or a movement direction may be given to the master or pilot of—

(a) a ship owned, controlled, chartered or operated by designated persons,

(b) a ship owned, controlled, chartered or operated by persons connected with the DPRK,

(c) a ship registered in the DPRK,

(d) a ship flying the flag of the DPRK,

(e) a ship originating from the DPRK, or

(f) a specified ship.

(2) A port entry direction or a movement direction under paragraph (1) may be given by—

(a) the Secretary of State, or

(b) a harbour authority.

(3) The Secretary of State may direct a harbour authority to take such steps as are reasonably practicable to secure that a ship mentioned in paragraph (1)—

(a) proceeds to or enters a port specified in the direction,

(b) leaves a port specified in the direction,

(c) proceeds to a place specified in the direction, or

(d) remains where it is.

(4) A port entry direction may be given to the master or pilot of—

(a) a UN-designated ship required to enter port, or

(b) a UN-designated ship barred from port entry.

(5) A direction under paragraph (4) may be given by—

(a) the Secretary of State, or

(b) a harbour authority.

(6) The Secretary of State may direct a harbour authority to take such steps as are reasonably practicable to secure that a ship mentioned in paragraph (4) proceeds to or enters a port specified in the direction.

(7) It is an offence for a person to whom a direction is given under this regulation to fail to comply with the direction.

(8) The Secretary of State may notify a person that the existence of a port entry direction or a movement direction, any part of the content of the direction, or anything done under the direction, is to be treated as confidential.

(9) It is an offence for a person to disclose information if the Secretary of State has notified that person under paragraph (8) that the information is to be treated as confidential.

(10) In this regulation—

a “designated person” means a person who is designated under regulation 5 for the purposes of regulation 71 (prohibition on port entry) and this regulation; a “movement direction” means a direction requiring a ship—

(a)

to leave a port specified in the direction,

(b)

to proceed to a place specified in the direction, or

(c)

to remain where it is;

a “port entry direction” means a direction requiring a ship to proceed to or enter a port specified in the direction;

a “UN-designated ship barred from port entry” means a ship for the time being designated by the Security Council or the Committee as a ship in respect of which a UN Security Council Resolution provides for port entry to be prohibited;

a “UN-designated ship required to enter port” means a ship for the time being designated by the Security Council or the Committee as a ship in respect of which a UN Security Council Resolution provides for direction to a port.

Commencement Information

I9 Reg. 73 not in force at made date, see reg. 1(2)

I10 Reg. 73 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

DPRK ships: transfers of goods U.K.

74.—(1) A person must not transfer any goods—

(a) from a ship to a DPRK ship, or

(b) from a DPRK ship to another ship,

if the goods originated in, or are destined for, the DPRK.

(2) Paragraph (1) is subject to Part 9 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that—

(a) the goods originated in, or were destined for, the DPRK, or

(b) the ship was a DPRK ship.

(4) In this regulation, a “DPRK ship” means—

(a) a ship registered in the DPRK, or

(b) a ship flying the flag of the DPRK.

(5) For the purposes of this regulation—

(a) a reference to goods which “originate” in the DPRK includes a reference to goods which are manufactured or produced in the DPRK, and

(b) a reference to goods which are “destined” for the DPRK includes a reference to goods which are ultimately destined for the DPRK.

Commencement Information

I11 Reg. 74 not in force at made date, see reg. 1(2)

I12 Reg. 74 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

Detention of ships U.K.

75.—(1) A detention direction may be given to the master of a ship to which this paragraph applies by—

(a) the Secretary of State, or

(b) a harbour authority.

(2) The Secretary of State may direct a harbour authority to give a detention direction to the master of a ship to which this paragraph applies.

(3) A “detention direction” means a direction requiring the detention of a ship at a port or anchorage.

(4) A detention direction given in relation to a ship—

(a) must be in writing,

(b) must be delivered to the master of the ship by the person who detains the ship,

(c) must state the grounds on which the ship is detained, and

(d) must state that—

(i) it is given under this regulation, and

(ii) any requirements imposed by the direction must be complied with.

(5) Paragraph (6) applies if—

(a) the ship is not a British ship, and

(b) there is in the United Kingdom a consular officer for the country to which the ship belongs.

(6) A copy of the detention direction must be sent as soon as practicable to the nearest consular officer for the country to which the ship belongs.

(7) Section 284(1), (2), (2A), (2B), (3) and (8) of the Merchant Shipping Act 1995 M1 (enforcement of detention of ships) applies in the case of detention under a detention direction as it applies in the case of detention authorised or ordered by that Act, but as if—

(a) any reference in that section to a notice of detention were to the detention direction, and

(b) the reference in subsection (2A) of that section to a direction given under subsection (1A)(a) of that section were to any requirement imposed by the detention direction.

(8) Paragraphs (1) and (2) apply to the following when at a port or anchorage—

(a) a specified ship;

(b) a ship for the time being designated by the Security Council or the Committee as a ship in respect of which the measures required by paragraph 8(d) of resolution 1718 (asset-freeze etc.) are to be taken.

(9) In this regulation, “consular officer”, in relation to a foreign country, means the officer recognised by Her Majesty as a consular officer of that foreign country.

Commencement Information

I13 Reg. 75 not in force at made date, see reg. 1(2)

I14 Reg. 75 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 1995 c.21.

Registration etc. of ships in the DPRK U.K.

76.—(1) A person must not register a ship in the DPRK.

(2) A person must not obtain authorisation for a ship to fly the flag of the DPRK.

(3) Paragraphs (1) and (2) are subject to Part 9 (Exceptions and licences).

(4) A person who contravenes the prohibition in paragraph (1) or (2) commits an offence.

Commencement Information

I15 Reg. 76 not in force at made date, see reg. 1(2)

I16 Reg. 76 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

Registration of ships in the United Kingdom U.K.

77.—(1) The Registrar must refuse to register a ship if, on the basis of the information given to the Registrar by the Secretary of State or accompanying the application for registration, the ship appears to the Registrar to be a DPRK ship.

(2) The Registrar must refuse to register—

(a) a specified ship;

(b) a ship de-registered by a country other than the United Kingdom.

(3) The Secretary of State may direct the Registrar to terminate the registration of—

(a) a DPRK ship,

(b) a specified ship,

(c) a ship for the time being designated by the Security Council or the Committee as a ship in respect of which a UN Security Council Resolution provides for de-registration or de-flagging, or

(d) a ship de-registered by a country other than the United Kingdom.

(4) For the purposes of this regulation, a ship is a “DPRK ship” if—

(a) the legal title to the ship, or to any share in the ship, is vested in a person connected with the DPRK;

(b) a person connected with the DPRK has a beneficial interest in the ship or in any share in the ship; or

(c) a person connected with the DPRK is a charterer of the ship on bareboat charter terms.

(5) In this regulation, “bareboat charter terms” has the meaning given by section 17(11) of the Merchant Shipping Act 1995.

(6) For the purposes of this regulation—

(a) any reference to registering a ship is to registering the ship in the register of British ships maintained by the Registrar;

(b) a ship is “de-registered by a country other than the United Kingdom” if, in compliance with paragraph 12 of resolution 2397 (de-registration of ships involved in breaches of sanctions), the entry relating to the ship has been removed from a register of ships maintained in a country other than the United Kingdom.

Commencement Information

I17 Reg. 77 not in force at made date, see reg. 1(2)

I18 Reg. 77 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

Circumventing etc. prohibitions U.K.

78.—(1) A person must not intentionally participate in activities knowing that the object or effect of them is, whether directly or indirectly—

(a) to circumvent—

(i) the prohibition in regulation 70 (dealing with UN-designated ships subject to asset-freeze), or

(ii) the prohibition in regulation 74 (DPRK ships: transfers of goods), or

(b) to enable or facilitate the contravention of any such prohibition.

(2) A person who contravenes a prohibition in paragraph (1) commits an offence.

Commencement Information

I19 Reg. 78 not in force at made date, see reg. 1(2)

I20 Reg. 78 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

Defences U.K.

79.—(1) Paragraph (2) applies where a person relies on a defence under this Part.

(2) If evidence is adduced which is sufficient to raise an issue with respect to the defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

Commencement Information

I21 Reg. 79 not in force at made date, see reg. 1(2)

I22 Reg. 79 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

Interpretation of Part 8 U.K.

80.—(1) For the purposes of this Part—

(a) a ship is “owned” by a person if—

(i) the legal title to the ship, or to any share in the ship, is vested in the person, or

(ii) the person has a beneficial interest in the ship or in any share in the ship;

(b) a ship is “controlled” by a person who is able to take decisions about its operation, including (but not limited to) decisions about the route the ship may take and the appointment of master or crew;

(c) a ship is “crewed by persons connected with the DPRK” if any member of the ship's crew is a person connected with the DPRK.

(2) For the purposes of paragraph (1)(c)—

(a) a person is a member of a ship's crew if the person is employed or engaged in the working or service of the ship (whether paid or not), and

(b) the master of the ship, but not the pilot, is a member of the crew.

(3) Any reference in this Part to a legal title or other interest includes one held jointly with any other person or persons.

(4) In this Part—

“beneficial interest” means any beneficial interest, however arising (whether held by trustee or nominee or arising under a contract or otherwise), other than an interest held by any person as mortgagee;

“specified ship” means a ship specified by the Secretary of State under regulation 11(1).

(5) Any expression used in this Part and in section 7 of the Act (shipping sanctions) has the same meaning in this Part as it has in that section.

Commencement Information

I23 Reg. 80 not in force at made date, see reg. 1(2)

I24 Reg. 80 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)