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

Interpretation of Part 6 U.K.

64.—(1) In this Part—

“aircraft” includes unmanned aircraft and aircraft capable of spaceflight activities.

“aviation fuel” means any thing listed in Annex III of Regulation 2017/1509;

“bank notes or coinage” means newly printed or unissued DPRK-denominated bank notes or minted coinage;

“coal, iron and iron ore” means any thing listed in Annex V of Regulation 2017/1509;

“condensates and natural gas liquids” means any thing listed in Annex XIc of Regulation 2017/1509;

“copper, nickel, silver and zinc” means any thing listed in Annex VII of Regulation 2017/1509;

“crude oil” means any thing listed in Annex XIe of Regulation 2017/1509;

“DPRK Government person” means—

(a)

the Government of the DPRK or any member of that Government,

(b)

the Central Bank of the DPRK,

(c)

a person acting on behalf of or at the direction of a person falling within paragraph (a) or (b), or

(d)

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 paragraph (a) or (b);

“dual-use goods” means—

(a)

any thing for the time being specified in Annex I of the Dual-Use Regulation, other than any thing which is dual-use technology, and

(b)

any tangible storage medium on which dual-use technology is recorded or from which it can be derived;

“dual-use technology” means any thing for the time being specified in Annex I of the Dual-Use Regulation which is described as software or technology;

“earth and stone” means any thing listed in Annex XIi of Regulation 2017/1509;

“food and agricultural products” means any thing listed in Annex XIg of Regulation 2017/1509;

“gold ores and concentrates, titanium ore, vanadium ore and rare-earth minerals” means any thing listed in Annex IV of Regulation 2017/1509;

“gold, precious metals or diamonds” means any thing listed in Annex IX of Regulation 2017/1509;

“helicopters and vessels” means any thing listed in Annex XI of Regulation 2017/1509;

“industrial machinery, vehicles, iron, steel and other metals” means any thing listed in Part A of Annex XIl of Regulation 2017/1509;

“lead and lead ore” means any thing listed in Annex XIb of Regulation 2017/1509;

“luxury goods” means any thing listed in Annex VIII of Regulation 2017/1509;

“machinery and electrical equipment” means any thing listed in Annex XIh of Regulation 2017/1509;

“military goods” means—

(a)

any thing for the time being specified in Schedule 2 to the Export Control Order 2008 M1 , other than any thing which is military technology, and

(b)

any tangible storage medium on which military technology is recorded or from which it can be derived;

“military technology” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology;

“other arms- and WMD-related goods” means—

(a)

any thing specified in an other arms- and WMD-related list, other than any thing which is other arms- and WMD-related technology, and

(b)

any tangible storage medium on which other arms- and WMD-related technology is recorded or from which it can be derived;

“other arms- and WMD-related list” means—

(a)

Schedule 2 to these Regulations,

(b)

any of the following, as amended from time to time—

(i)

Annex III of resolution 2321,

(ii)

the Annex of S/2016/308 (list approved by the Committee pursuant to paragraph 25 of resolution 2270),

(iii)

the Annex of S/2017/728 (list approved by the Committee pursuant to paragraph 4 of resolution 2371),

(iv)

the Annex of S/2017/760 (list approved by the Committee pursuant to paragraph 5 of resolution 2371),

(v)

the Annex of S/2017/822 (list approved by the Committee pursuant to paragraph 4 of resolution 2375),

(vi)

the Annex of S/2017/829 (list approved by the Committee pursuant to paragraph 5 of resolution 2375), and

(c)

any other list approved by the Committee from time to time pursuant to a paragraph of a UN Security Council Resolution mentioned in any of sub-paragraphs (ii) to (vi) of paragraph (b);

“other arms- and WMD-related technology” means any thing specified in an other arms- and WMD-related list which is described as software or technology (but see paragraph (2));

“petroleum products” means any thing listed in Annex VI of Regulation 2017/1509;

“refined petroleum products” means any thing listed in Annex XId of Regulation 2017/1509;

“Regulation 2017/1509” 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 329/2007, as it has effect immediately before [F1 IP completion day];

“restricted goods” means—

(a)

military goods,

(b)

dual-use goods, and

(c)

other arms- and WMD-related goods;

“restricted technology” means—

(a)

military technology,

(b)

dual-use technology, and

(c)

other arms- and WMD-related technology;

“seafood” means any thing listed in Annex XIa of Regulation 2017/1509;

“ship” includes every description of vessel (including a hovercraft) used in navigation;

“statues” means any thing listed in Annex X of Regulation 2017/1509;

“technical assistance”, in relation to goods or technology, means—

(a)

technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or

(b)

any other technical service relating to the goods or technology;

F2 ...

“textiles” means any thing listed in Annex XIf of Regulation 2017/1509;

“transfer” has the meaning given in paragraph 37 of Schedule 1 to the Act;

“vessels” means any thing listed in Annex XIk of Regulation 2017/1509;

“wood” means any thing listed in Annex XIj of Regulation 2017/1509.

(2) The definition of “other arms- and WMD-related technology” does not include technology which is—

(a) in the public domain;

(b) basic scientific research;

(c) the minimum necessary information for patent applications;

(d) the minimum necessary for the installation, operation, maintenance and repair of any goods which are not prohibited goods.

(3) In paragraph (2)—

(a) “prohibited goods” means goods dealt with in contravention of a prohibition—

(i) in any of regulations 35 to 38 (trade sanctions relating to restricted goods),

(ii) in any of regulations 43 to 52 (trade sanctions relating to goods other than restricted goods), or

(iii) imposed by a condition of a trade licence in relation to a prohibition mentioned in paragraph (i) or (ii).

(b) the following terms have the meaning given to them in the Dual-Use Regulation—

• “basic scientific research”;

• “in the public domain”.

(4) For the purposes of regulations 42 and 55 (brokering services: non-UK activity relating to restricted goods, restricted technology, gold, precious metals or diamonds), the definition of “country” in section 62(1) of the Act does not apply.

(5) Paragraphs 32 to 36 of Schedule 1 to the Act (trade sanctions) apply for the purpose of interpreting expressions in this Part.

(6) In this Part any reference to the United Kingdom includes a reference to the territorial sea.

Textual Amendments

F1 Words in reg. 64(1) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591), regs. 1(2), 2(8)(a); S.I. 2020/1514, reg. 5

F2 Words in reg. 64(1) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591), regs. 1(2), 2(8)(b); S.I. 2020/1514, reg. 5

Commencement Information

I1 Reg. 64 not in force at made date, see reg. 1(2)

I2 Reg. 64 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 S.I. 2008/3231. Schedule 2 was substituted by S.I. 2017/85 and subsequently amended by S.I. 2017/697 and S.I. 2018/165. There are other instruments which amend other parts of the Order.