The Democratic People's Republic of Korea (Sanctions) (EU Exit) Regulations 2019

Purchase etc. of certain goods and rightsU.K.

This section has no associated Explanatory Memorandum

50.—(1) A person must not—

(a)directly or indirectly acquire goods to which this paragraph applies from a person connected with the DPRK;

(b)directly or indirectly acquire goods to which this paragraph applies which originate in the DPRK;

(c)directly or indirectly acquire goods to which this paragraph applies which are located in the DPRK.

(2) Paragraph (1) applies to—

(a)coal, iron and iron ore;

(b)copper, nickel, silver and zinc;

(c)earth and stone;

(d)food and agricultural products;

(e)gold ores and concentrates, titanium ore, vanadium ore and rare-earth minerals;

(f)lead and lead ore;

(g)luxury goods;

(h)machinery and electrical equipment;

(i)petroleum products;

(j)seafood;

(k)statues;

(l)textiles;

(m)vessels;

(n)wood.

(3) A person must not—

(a)directly or indirectly acquire or transfer fishing rights from a person connected with the DPRK; or

(b)directly or indirectly acquire or transfer fishing rights which are exercisable in DPRK waters.

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

(5) A person who contravenes a prohibition in paragraph (1) commits an offence, but—

(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with the DPRK;

(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods originated in the DPRK;

(c)it is a defence for a person charged with the offence of contravening paragraph (1)(c) to show that the person did not know and had no reasonable cause to suspect that the goods were located in the DPRK.

(6) A person who contravenes a prohibition in paragraph (3) commits an offence, but—

(a)it is a defence for a person charged with the offence of contravening paragraph (3)(a) to show that the person did not know and had no reasonable cause to suspect that the person was connected with the DPRK;

(b)it is a defence for a person charged with the offence of contravening paragraph (3)(b) to show that the person did not know and had no reasonable cause to suspect that the fishing rights were exercisable in DPRK waters.

(7) In this regulation—

“DPRK waters” means the territorial sea and inland waters of the DPRK;

“fishing rights” includes any right to—

(a)

catch fish; or

(b)

harvest molluscs, crustaceans or other aquatic invertebrates.

Commencement Information

I1Reg. 50 not in force at made date, see reg. 1(2)