The North Korea (United Nations Sanctions) Order 2009

F1 ... U.K.

Textual Amendments

F1 Art. 6 cross-heading omitted (14.12.2016) by virtue of The North Korea and Iran (United Nations Sanctions) (Amendment) Order 2016 (S.I. 2016/1119), arts. 1(1), 4

[F2 Services to F3 ... ships U.K.

6.— (1) Except under the authority of a licence granted by the Secretary of State under this article, a person (“P”) commits an offence if P provides ship supply services to any ship which P knows or has reasonable cause to suspect is—

(a) registered in North Korea; and

(b) is carrying military goods, WMD goods or luxury goods.

(2) Except under the authority of a licence granted by the Secretary of State under this article, a person (“P”) commits an offence if P—

(a) owns, leases, operates or insures; or

(b) provides certification or classification services, or associated services, to

a ship which P knows or has reasonable cause to suspect is registered in North Korea.

[F4 (3) Except under the authority of a licence granted by the Secretary of State under this article, a person (“P”) commits an offence if P provides insurance or reinsurance services to a ship that P knows or has reasonable cause to suspect is owned, controlled or operated by North Korea or has been involved in activities, or the transport of items, prohibited by the United Nations Security Council resolutions listed in article 6A(1)(f) or United Nations Security Council resolution 2397 adopted on 22nd December 2017.]

(4) Except under the authority of a licence granted by the Secretary of State under this article, it is an offence for any person (“P”) to facilitate or engage in ship-to-ship transfers, of any goods or items that are being sold, supplied, transferred, or exported to or from North Korea, to or from any ship which P knows or has reasonable grounds to suspect is registered in North Korea.

[F5 (5) Except under the authority of a licence granted by the Secretary of State under this article, a person (“P”) commits an offence if P provides classification services to a ship which P knows or has reasonable cause to suspect has been involved in activities, or the transport of items, prohibited by the United Nations Security Council resolutions listed in article 6A(1)(f) or United Nations Security Council resolution 2397 adopted on 22nd December 2017.]]

Textual Amendments

F2 Art. 6 substituted (14.12.2016) by The North Korea and Iran (United Nations Sanctions) (Amendment) Order 2016 (S.I. 2016/1119), arts. 1(1), 8

F3 Words in art. 6 heading omitted (10.1.2018) by virtue of The North Korea (United Nations Sanctions) (Amendment) (No.3) Order 2017 (S.I. 2017/1278), arts. 1(1), 6(a)

F4 Art. 6(3) substituted (22.5.2018) by The North Korea (United Nations Sanctions) (Amendment) Order 2018 (S.I. 2018/523), arts. 1(1), 6(a)

F5 Art. 6(5) inserted (22.5.2018) by The North Korea (United Nations Sanctions) (Amendment) Order 2018 (S.I. 2018/523), arts. 1(1), 6(b)

[F6 Leasing, chartering or provision of crew services U.K.

6A.— (1) Except under the authority of a licence granted by the Secretary of State under this article, a person (“P”) commits an offence if P leases or charters a ship or aircraft, or provides crew services, with knowledge or reasonable cause to suspect that the lease, charter or provision of crew services is to—

(a) North Korea;

(b) a person listed in Annex XIII, XV, XVI, or XVII to the Council Regulation;

(c) a person acting on behalf of, or at the direction of, North Korea or a person listed in Annex XIII, XV, XVI, or XVII to the Council Regulation;

(d) an entity owned or controlled by a person listed in Annex XIII, XV, XVI or XVII to the Council Regulation;

(e) a North Korean entity;

(f) a person, or any person acting on their behalf or direction, that has assisted in violating the provisions of United Nations Security Council resolutions:

(i) 1718 adopted on 14 October 2006,

(ii) 1874 adopted on 12 June 2009,

(iii) 2087 adopted on 22 January 2013,

(iv) 2094 adopted on 7 March 2013,

(v) 2270 adopted on 2 March 2016,

(vi) 2321 adopted on 30 November 2016,

(vii) 2356 adopted on 2 June 2017 ,

(viii) 2371 adopted on 5 August 2017, or

(ix) 2375 adopted on 11 September 2017; or

(g) an entity owned or controlled by a person referred to in sub-paragraph (f).

(2) Except under the authority of a licence granted by the Secretary of State under this article, a person (“P”) commits an offence if P procures a ship or aircraft, or crew services, with knowledge or reasonable cause to suspect that the ship or aircraft or crew services are from North Korea.]

Textual Amendments

F6 Art. 6A substituted (10.1.2018) by The North Korea (United Nations Sanctions) (Amendment) (No.3) Order 2017 (S.I. 2017/1278), arts. 1(1), 7

[F7 Registration of ships U.K.

6B.   Except under the authority of a licence granted by the Secretary of State under this article, a person (“P”) commits an offence if P knowingly registers or maintains on the register a ship that—

(a) is owned, controlled or operated by North Korea or a North Korean national;

(b) has been de-registered by another State pursuant to paragraph 24 of United Nations Security Council resolution 2321 adopted on 30th November 2016 or paragraph 8 of United Nations Security Council resolution 2375 adopted on 11th September 2017, or paragraph 12 of United Nations Security Council resolution 2397 adopted on 22nd December 2017; or

(c) P has reasonable cause to suspect was involved in activities, or the transport of items, prohibited by the United Nations Security Council resolutions listed in article 6A(1)(f) or United Nations Security Council resolution 2397 adopted on 22nd December 2017.]

Textual Amendments

F7 Art. 6B substituted (22.5.2018) by The North Korea (United Nations Sanctions) (Amendment) Order 2018 (S.I. 2018/523), arts. 1(1), 7

[F8 Access to ports U.K.

6C.— (1) Except under the authority of a licence granted by the Secretary of State under this article, it is an offence for a person (“P”) to provide access to ports in the United Kingdom to any ship that P knows or has reasonable cause to suspect—

(a) is owned or controlled directly or indirectly by a person listed in [F9 Annex XIII, XV, XVI or XVII] to the Council Regulation;

(b) is carrying goods listed in article 3(3) to North Korea; F10 ...

(c) is carrying goods listed in article 5(2) from North Korea;

[F11 (d) is owned, operated, crewed, or flagged by North Korea; or

(e) has refused to be inspected after such an inspection has been authorised by the ship’s flag state or state of registration.]

(2) Paragraph (1) does not apply if—

(a) access to a port is needed by the ship in a case of emergency;

(b) the ship is coming into port for inspection; or

(c) the ship is returning to its port of origin.

[F12 (3) Except under the authority of a licence granted by the Secretary of State under this article, it is an offence for a person (“P”) to provide access to a port in the United Kingdom to any vessel that P knows or has reasonable cause to suspect is a designated vessel which the Committee has required to be prohibited from entering the ports of United Nations Member States.

(4) Paragraph (3) does not apply if—

(a) access to a port is needed by the vessel in a case of emergency; or

(b) the vessel is returning to its port of origin.

[F13 (4A) Except under the authority of a licence granted by the Secretary of State under this article, it as an offence for any person (“P”) to provide access to a port in the United Kingdom to any ship that P knows or has reasonable grounds to suspect is without nationality and has refused to be inspected for carriage of goods prohibited by this Order.

(4B) Paragraph (4A) does not apply if—

(a) access to a port is needed by the ship in a case of emergency, or

(b) the ship is returning to its port of origin.]

(5) When so required by the Committee, the Secretary of State may de-flag a United Kingdom flagged designated vessel.

(6) When so required by the Committee, the Secretary of State may direct the master of a United Kingdom flagged designated vessel to take that vessel to a port identified by the Committee, such direction to be given in co-ordination with the port State.

(7) A person (“P”) commits an offence if P fails to comply with a direction given by the Secretary of State under paragraph (6).]]

Textual Amendments

F8 Arts. 6A-6C inserted (14.12.2016) by The North Korea and Iran (United Nations Sanctions) (Amendment) Order 2016 (S.I. 2016/1119), arts. 1(1), 9

F9 Words in art. 6C(1)(a) substituted (10.1.2018) by The North Korea (United Nations Sanctions) (Amendment) (No.3) Order 2017 (S.I. 2017/1278), arts. 1(1), 9(a)(i)

F10 Word in art. 6C(1)(b) omitted (10.1.2018) by virtue of The North Korea (United Nations Sanctions) (Amendment) (No.3) Order 2017 (S.I. 2017/1278), arts. 1(1), 9(a)(ii)

F11 Art. 6C(1)(d)(e) inserted (10.1.2018) by The North Korea (United Nations Sanctions) (Amendment) (No.3) Order 2017 (S.I. 2017/1278), arts. 1(1), 9(a)(iii)

F12 Arts. 6C(3)-(7) inserted (5.4.2017) by The North Korea (United Nations Sanctions) (Amendment) Order 2017 (S.I. 2017/319), arts. 1(1), 6

F13 Art. 6C(4A)(4B) inserted (10.1.2018) by The North Korea (United Nations Sanctions) (Amendment) (No.3) Order 2017 (S.I. 2017/1278), arts. 1(1), 9(b)

[F14 6D.   Except under the authority of a licence granted by the Secretary of State under this article, it is an offence for a person to knowingly obtain or transfer, directly or indirectly, fishing rights from North Korea.] U.K.

Textual Amendments

F14 Art. 6D inserted (22.5.2018) by The North Korea (United Nations Sanctions) (Amendment) Order 2018 (S.I. 2018/523), arts. 1(1), 8