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

Leasing or chartering of ships and aircraftU.K.

This section has no associated Explanatory Memorandum

58.—(1) A person must not lease or charter a ship or an aircraft to—

(a)a designated person,

(b)a person acting on behalf of or at the direction of a designated person,

(c)a person, other than an individual, which is owned or controlled directly or indirectly (within the meaning of regulation 7) by a designated person, or

(d)a person connected with the DPRK.

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

(3) 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 a designated person;

(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was acting on behalf of or at the direction of a designated person;

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

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

(4) In this regulation a “designated person” means—

(a)a person who is designated under regulation 5 for the purposes of this regulation and regulation 59 (crew services), or

(b)a person who is a designated person for the purposes of this regulation and regulation 59 by reason of regulation 10.

Commencement Information

I1Reg. 58 not in force at made date, see reg. 1(2)