The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2016

Amendment of the principal Order

9.  In article 11—

(a) in paragraph (1), for “article 4 or 7 to 9” substitute “article 4, 7, 7A, 8, 9 or 10K(1)”;

(b) in paragraph (2), for “article 4 or 7 to 9” substitute “article 4, 7, 7A, 8, 9 or 10K(1)”; and

(c) for paragraph (3), substitute—

“(3) A licence may, in particular, relate to—

(a) non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the European Union and its member States in North Korea;

(b) payment of basic expenses of designated persons and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines, medical treatment, taxes, insurance premiums and public utility charges;

(c) payment of reasonable professional fees and expenses associated with the provision of legal services;

(d) payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;

(e) payment of necessary extraordinary expenses;

(f) satisfaction of a judicial, administrative or arbitral lien or judgment entered into prior to the date on which the principal Order came into force and not for the benefit of a designated person;

(g) the purchase, import or transfer of coal provided that the Governor has determined on the basis of credible information that—

(i) the shipment originated outside of North Korea and was transported through North Korea solely for export from the Port of Rajin (Rason), and

(ii) the transactions are unrelated to generating revenue for North Korea’s nuclear or ballistic missile programme or other activities prohibited by this Order;

(h) transactions that the Governor has determined to be exclusively for livelihood purposes and unrelated to generating revenue for North Korea’s nuclear or ballistic missile programmes or other activities prohibited by this Order;

(i) goods which do not relate to the production, development, maintenance or use of military goods, or the maintenance of military personnel, and which the Governor has determined would not directly contribute to the development of the operational capabilities of armed forces of North Korea, or support or enhance the operational capabilities of the armed forces of a State other than North Korea;

(j) goods which the Governor has determined are exclusively for either humanitarian or livelihood purposes which will not be used by North Korean persons to generate revenue, and are not related to any activity prohibited by this Order;

(k) aviation fuel which the Governor has determined to be for verified essential humanitarian needs;

(l) funds and economic resources which the Governor has determined are required for the delivery of humanitarian assistance, denuclearisation or any purpose consistent with the objectives of United Nations Security Council resolution 2270 of 2nd March 2016; or

(m) the leasing or chartering of vessels or aircraft or the provision of crew services exclusively for livelihood purposes where the activities will not be used by North Korean persons to generate revenue.”.