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

Purposes U.K.

4.—(1) The regulations contained in this instrument that are made under section 1 of the Act have the following purposes—

(a) compliance with the relevant UN obligations, and

(b) the additional purposes mentioned in paragraph (2).

(2) Those additional purposes are—

(a) restricting the ability of the DPRK to carry on banned programmes,

(b) promoting the abandonment by the DPRK of banned programmes and the decommissioning of the DPRK's banned weapons, and

(c) otherwise promoting peace, security and stability on the Korean peninsula,

otherwise than by compliance with the relevant UN obligations.

(3) In this regulation, “the relevant UN obligations” means—

(a) the obligation that the United Kingdom has by virtue of paragraph 8(d) of resolution 1718 (asset-freeze etc.) to take the measures required by that provision in respect of persons M1 for the time being named for the purposes of that provision by the Security Council or the Committee;

(b) the obligations that the United Kingdom has by virtue of the provisions listed in paragraph (4) in respect of persons—

(i) acting on behalf of or at the direction of, or

(ii) owned or controlled by,

the persons for the time being named by the Security Council or the Committee for the purposes of paragraph 8(d) of resolution 1718 who are referred to in those provisions;

(c) the obligations that the United Kingdom has by virtue of paragraph 32 of resolution 2270 (application of requirements in paragraph 8(d) of resolution 1718 in certain cases);

(d) the obligations that the United Kingdom has by virtue of the provisions listed in paragraph (5) to take the measures required by paragraph 8(d) of resolution 1718 in respect of ships for the time being designated by the Security Council or the Committee for the purposes of those provisions;

(e) the obligations that the United Kingdom has by virtue of the following provisions (restrictions on investment and on financial services and markets)—

(i) paragraph 6 of resolution 2087;

(ii) paragraphs 11 and 14 of resolution 2094 as read with paragraph 37 of resolution 2270 and paragraph 13 of resolution 2371 (cash transfers, gold and clearing of funds);

(iii) paragraphs 33 and 34 of resolutions 2270 (as read with paragraph 14 of 2371), and paragraphs 35 and 36 of resolution 2270;

(iv) paragraphs 31 and 32 of resolution 2321;

(v) paragraph 12 of resolution 2371 and paragraph 18 of resolution 2375 (joint ventures);

(f) the obligations that the United Kingdom has by virtue of paragraphs 16 and 18 of resolution 2321 (bank accounts for diplomatic missions and diplomats; real property);

(g) the obligations that the United Kingdom has by virtue of paragraph 8(a)(i) and (ii), (b) and (c) of resolution 1718 (export, supply, sale etc. of, and technical assistance relating to, arms and dual-use items);

(h) the obligations that the United Kingdom has by virtue of the following provisions (trade restrictions)—

(i) paragraph 8(a)(iii) of resolution 1718;

(ii) paragraph 17 of resolution 1874;

(iii) paragraph 11 of resolution 2094, as read with paragraph 14 of resolution 2371;

(iv) paragraphs 8, 30, 31 and 37 of resolution 2270;

(v) paragraphs 28, 29 and 30 of resolution 2321;

(vi) paragraphs 8 and 10 of resolution 2371, and paragraph 9 of resolution 2371 as read with paragraph 6 of resolution 2397;

(vii) paragraphs 13, 14, 15 and 16 of resolution 2375;

(viii) paragraphs 4, 5, 6, 7 and 14 of resolution 2397;

(i) the obligations that the United Kingdom has by virtue of paragraph 19 of resolution 2270 (ships and aircraft);

(j) the obligation that the United Kingdom has by virtue of paragraph 22 of resolution 2270 (ships: port entry);

(k) the obligations that the United Kingdom has by virtue of the following provisions to take the measures required by those provisions (prohibition on port entry etc.) in respect of ships for the time being designated by the Security Council or the Committee for the purposes of those provisions—

(i) paragraph 12(a), (b) and (c) of resolution 2321;

(ii) paragraph 6 of resolution 2371 as read with paragraph 6 of resolution 2375;

(iii) paragraph 8 of resolution 2375;

(l) the obligations that the United Kingdom has by virtue of paragraph 17 of resolution 2094, paragraph 20 of resolution 2270, paragraphs 8, 9, 22, 23 and 24 of resolution 2321, paragraph 7 of resolution 2371, paragraph 11 of resolution 2375 and paragraphs 9, 11 and 12 of resolution 2397 (ships and services relating to ships);

(m) the obligations that the United Kingdom has by virtue of paragraph 21 of resolution 2270 and paragraph 23 of resolution 2321 (aircraft and services relating to aircraft).

(4) The provisions referred to in paragraph (3)(b) are—

(a) paragraph 8(d) of resolution 1718;

(b) paragraph 8 of resolution 2094;

(c) paragraph 10 of resolution 2270;

(d) paragraph 3 of resolution 2321;

(e) paragraph 3 of resolution 2356;

(f) paragraph 3 of resolution 2371;

(g) paragraph 3 of resolution 2375;

(h) paragraph 3 of resolution 2397.

(5) The provisions referred to in paragraph (3)(d) are—

(a) paragraph 12(d) of resolution 2321;

(b) paragraph 8 of resolution 2375.

(6) In paragraph (3)—

(a) any reference to paragraph 8(d) of resolution 1718 (asset-freeze) is to that provision as read with paragraph 9 of resolution 2087 and paragraphs 12 and 15 of resolution 2270;

(b) any reference to persons named by the Committee includes people named by virtue of—

(i) paragraph 12 of resolution 2087,

(ii) paragraph 27 of resolution 2094, or

(iii) paragraph 16 of resolution 2270;

(c) the reference to paragraph 8(a)(i) and (ii), (b) and (c) of resolution 1718 is to those provisions as read with—

(i) paragraphs 9, 10 and 23 of resolution 1874,

(ii) paragraphs 5(b) and 9 of resolution 2087,

(iii) paragraphs 7, 20 and 22 of resolution 2094,

(iv) paragraphs 6, 7, 8 and 27 of resolution 2270,

(v) paragraphs 4 and 7 of resolution 2321,

(vi) paragraphs 4 and 5 of resolution 2371, and

(vii) paragraphs 4 and 5 of resolution 2375;

(d) the reference to paragraph 8(a)(iii) of resolution 1718 (luxury goods) is to that provision as read with paragraph 9 of resolution 2087, paragraph 23 of resolution 2094, paragraph 39 of resolution 2270 and paragraph 5 of resolution 2321;

(e) “owned or controlled” includes owned or controlled through illicit means within the meaning of the provisions mentioned in paragraph (4).

Commencement Information

I1 Reg. 4 not in force at made date, see reg. 1(2)

I2 Reg. 4 in force at 25.3.2019 by S.I. 2019/627, reg. 7(1)(c)

Marginal Citations

M1 “Person” is defined by section 9(5) of the Sanctions and Anti-Money Laundering Act 2018 to include (in addition to an individual and a body of persons corporate or unincorporate) any organisation and any association or combination of persons.