The North Korea (United Nations Sanctions) Order 2009

Use of ships, aircraft and vehicles: military goods from North Korea U.K.

5.—(1) Without prejudice to the generality of article 4, and except under the authority of a licence granted by the Secretary of State under this article, no ship or aircraft to which this article applies, and no vehicle within the United Kingdom, shall be used for the carriage of military goods if the carriage is, or forms part of, carriage from North Korea to any destination outside North Korea.

(2) This article applies—

(a) to ships registered in the United Kingdom;

(b) to aircraft so registered; and

(c) to any other ship or aircraft that is for the time being chartered to any person who is—

(i) a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person; or

(ii) a body incorporated or constituted under the law of any part of the United Kingdom.

(3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) then—

(a) in the case of a ship registered in the United Kingdom or any aircraft so registered, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or

(b) in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he or she is such a person as is referred to in paragraph (2)(c)(i) or (ii), the master of the ship or, as the case may be, the operator and the commander of the aircraft; or

(c) in the case of a vehicle, the operator of the vehicle,

shall be guilty of an offence under this Order, unless the person proves that he or she did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from North Korea to any destination outside North Korea.

(4) Nothing in paragraph (1) shall apply where the procurement of the goods concerned was authorised by a licence granted by the Secretary of State under article 4.

(5) Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.