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

JurisdictionUK Non-devolved
CitationSI 2019/411

2019 No. 411

Exiting The European Union

Sanctions

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

Made 5th March 2019

Laid before Parliament 8th March 2019

Coming into force in accordance with regulation 1(2)

The Secretary of State1, in exercise of the powers conferred by sections 1(1)(a) and (c) and (3), 3(1)(a), (b)(ii) and (iii), (c)(ii) and (iii), (d) and (e)(ii) and (iii), 3(2)(a), (b) and (c), 4, 5 to 8, 9(2)(a), 10(2), (3) and (4), 11(2) to (9), 13, 14, 15(2), (3), (4)(b), (5) and (6), 16, 17(2) to (9), 19, 20, 21(1), 54(1) and (2)(a), 56(1) and 62(4) to (6) of, and paragraphs 2(a)(iii) and (b), 3(a), (b) and (c)(iii), 4(a)(iii), (b) and (c), 5(a)(ii) and (iii), (b), (c) and (d), 6(a)(ii) and (iii), (b) and (c), 7(a)(ii) and (iii) and (b), 8(c), 9(a)(iii), 11(a), 12(a)(ii), 13(a), (b), (d), (g), (h), (k), (l), (m), (n), (p), (r) and (w), 14(a), (f), (g), (i), (j) and (k), 17, 19, 20, 21, 22, 23 and 27 of Schedule 1 to, the Sanctions and Anti-Money Laundering Act 20182, and having decided, upon consideration of the matters set out in section 2(2) and 56(1) of that Act, that it is appropriate to do so, makes the following Regulations:

1 General

PART 1

General

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019.

(2) These Regulations come into force in accordance with regulations made by the Secretary of State under section 56 of the Act.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“the Act” means the Sanctions and Anti-Money Laundering Act 2018;

“aircraft licence” means a licence under regulation 91;

“the armed forces of the DPRK” means the Korean People’s Army, also known as the Korean People’s Military, and includes each of its branches;

“arrangement” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see Schedule 1 for the meaning of that term in that Schedule);

a “banned programme” means any activity relating to banned weapons;

“banned weapons” means—

(a) nuclear, biological or chemical weapons,

(b) other weapons of mass destruction, or

(c) ballistic missiles;

“brokering service” means any service to secure, or otherwise in relation to, an arrangement, including but not limited to—

(a) the selection or introduction of persons as parties or potential parties to the arrangement,

(b) the negotiation of the arrangement,

(c) the facilitation of anything that enables the arrangement to be entered into, and

(d) the provision of any assistance that in any way promotes or facilitates the arrangement;

“CEMA” means the Customs and Excise Management Act 19793;

“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;

“the Committee” means the Committee of the Security Council established by paragraph 12 of resolution 1718;

“conduct” includes acts and omissions;

“consular post” has the same meaning as in the Vienna Convention on Consular Relations done at Vienna on 24 April 19634, and any reference to the functions of a consular post is to be read in accordance with that Convention;

“diplomatic mission”, and any reference to the functions of a diplomatic mission, is to be read in accordance with the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 19615;

“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;

“the DPRK” means the Democratic People’s Republic of Korea;

“the Dual-Use Regulation” means Council Regulation (EC) No 428/2009of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items;

“the EU DPRK Regulation” means Council Regulation (EU) No 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Regulation (EC) No 329/20076, as it has effect in EU law;

“the Government of the DPRK” includes its public bodies, corporations or agencies;

“humanitarian assistance activity” includes the work of international and non-governmental organisations carrying out relief activities in the DPRK for the benefit of the civilian population there;

“member of a diplomatic mission” is to be read in accordance with the meaning of “members of the mission” in the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961;

“member of a consular post” is to be read in accordance with the meaning of “members of the consular post” in the Vienna Convention on Consular Relations done at Vienna on 24 April 1963;

a “non-UN designated person” means a person—

(a) who is designated under regulation 5 for the purposes of regulations 13 to 17 (asset-freeze etc.), and

(b) whose designation, in the opinion of the Secretary of State, is not required by paragraph 32 of resolution 2270 or a provision mentioned in regulation 4(4);

“resolution 1718” means resolution 1718 (2006) adopted by the Security Council on 14 October 2006;

“resolution 1874” means resolution 1874 (2009) adopted by the Security Council on 12 June 2009;

“resolution 2087” means resolution 2087 (2013) adopted by the Security Council on 22 January 2013;

“resolution 2094” means resolution 2094 (2013) adopted by the Security Council on 7 March 2013;

“resolution 2270” means resolution 2270 (2016) adopted by the Security Council on 2 March 2016;

“resolution 2321” means resolution 2321 (2016) adopted by the Security Council on 30 November 2016;

“resolution 2356” means resolution 2356 (2017) adopted by the Security Council on 2 June 2017;

“resolution 2371” means resolution 2371 (2017) adopted by the Security Council on 5 August 2017;

“resolution 2375” means resolution 2375 (2017) adopted by the Security Council on 11 September 2017;

“resolution 2397” means resolution 2397 (2017), adopted by the Security Council on 22 December 2017;

“ship licence” means a licence under regulation 92;

“trade licence” means a licence under regulation 90;

“transport licence” means a ship licence or an aircraft licence;

“Treasury direction” means a direction under regulation 89;

“Treasury licence” means a licence under regulation 88(1);

“United Kingdom person” has the same meaning as in section 21 of the Act.

(2) For the purposes of regulation 29 (ships: insurance services), Part 6 (Trade), Part 7 (Aircraft) and, subject to paragraph (4), Part 8 (Ships), a person is to be regarded as “connected with” the DPRK if the person is—

(a)

(a) an individual who is, or an association or combination of individuals who are, ordinarily resident in the DPRK,

(b)

(b) an individual who is, or an association or combination of individuals who are, located in the DPRK,

(c)

(c) a person, other than an individual, which is incorporated or constituted under the law of the DPRK, or

(d)

(d) a person, other than an individual, which is domiciled in the DPRK.

(3) For the purposes of regulations 58 (leasing or chartering of ships and aircraft) and 59(1) (provision of crew services for ships and aircraft), a person who does not fall within paragraph (2)(a) to (d) is also to be regarded as “connected with” the DPRK if that person—

(a)

(a) is acting on behalf of or at the direction of the Government of the DPRK, the armed forces of the DPRK, or any other person falling within any of sub-paragraphs (a) to (d) of paragraph (2), or

(b)

(b) is a person, other than an individual, which is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person falling within any of sub-paragraphs (a) to (d) of paragraph (2).

(4) For the purposes of regulation 71(5)(c) (reference to ship crewed by persons connected with the DPRK), a person is to be regarded as “connected with” the DPRK if the person is an individual who is—

(a)

(a) a national of the DPRK, or

(b)

(b) ordinarily resident in the DPRK.

S-3 Application of prohibitions and requirements outside the United Kingdom

Application of prohibitions and requirements outside the United Kingdom

3.—(1) A United Kingdom person may contravene a relevant prohibition by conduct wholly or partly outside the United Kingdom.

(2) Any person may contravene a relevant prohibition, or a prohibition under regulation 65(1)(a) (overflight of aircraft) or a prohibition imposed by a condition of an aircraft licence by conduct in the territorial sea.

(3) In this regulation a “relevant prohibition” means any prohibition imposed by—

(a)

(a) regulation 9(2) (confidential information),

(b)

(b) Part 4 (Finance),

(c)

(c) Part 6 (Trade),

(d)

(d) regulation 66(5) (non-disclosure),

(e)

(e) Part 8 (Ships),

(f)

(f) regulation 101(2) (proliferation financing), or

(g)

(g) a condition of a Treasury licence, a Treasury direction, a trade licence or a ship licence.

(4) A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom.

(5) Any person may comply, or fail to comply, with a relevant requirement, a requirement imposed by a direction under regulation 65(4) (direction by air traffic control to operator or pilot of DPRK aircraft) or 73 (movement of ships) or a requirement imposed by a condition of an aircraft licence, by conduct in the territorial sea.

(6) In this regulation a “relevant requirement” means any requirement imposed—

(a)

(a) by Chapter 2 of Part 4 (Investment, financial services and financial markets),

(b)

(b) by or under Part 10 (Information and records), or by reason of a request made under a power conferred by that Part, or

(c)

(c) by a condition of a Treasury licence, a Treasury direction, a trade licence or a ship licence.

(7) Nothing in this regulation is to be taken to prevent a relevant prohibition or a relevant requirement from applying to conduct (by any person)...

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