The North Korea (United Nations Sanctions) (Amendment) (No. 3) Order 2017

Statutory Instruments

2017 No. 1278

United Nations

The North Korea (United Nations Sanctions) (Amendment) (No. 3) Order 2017

Made

13th December 2017

Laid before Parliament

20th December 2017

Coming into force

10th January 2018

At the Court at Buckingham Palace, the 13th day of December 2017

Present,

The Queen’s Most Excellent Majesty in Council

Under article 41 of the Charter of the United Nations, the Security Council of the United Nations has, by resolution 2375 adopted on 11th September 2017, called upon Her Majesty’s Government in the United Kingdom to apply certain measures to give effect to decisions of the Council in relation to the Democratic People’s Republic of Korea (North Korea):

Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 1946(1), is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation, commencement, interpretation and extent

1.—(1) This Order may be cited as the North Korea (United Nations Sanctions) (Amendment) (No. 3) Order 2017 and comes into force on 10th January 2018.

(2) In this Order, “the principal Order” means the North Korea (United Nations Sanctions) Order 2009(2).

(3) This Order extends to the United Kingdom.

Amendment of the principal Order

2.  The principal Order is amended in accordance with articles 3 to 10.

3.  In article 2(3)—

(a) in the appropriate places, insert—

““condensates and natural gas liquids” means items listed in Annex XIc of the Council Regulation;”;

““crude oil” means items listed in Annex XIe of the Council Regulation;”;

““refined petroleum products” means items listed in Annex XId of the Council Regulation;”; and

““textiles” means items listed in Annex XIf of the Council Regulation;”.

4.  In paragraph (3) of article 3(4), for sub-paragraph (h), substitute—

“(h) statues;

(i) condensates and natural gas liquids;

(j) refined petroleum products;

(k) crude oil; and

(l) any other goods, excluding food and medicine, which the relevant person has been informed by the Secretary of State could contribute to the development of the operational capabilities of the armed forces of North Korea.”.

5.  In paragraph (2) of article 5(5)—

(a) at the end of sub-paragraph (h), omit “and”; and

(b) for paragraph (i) substitute—

“(i) textiles; and

(j) any other goods, excluding food and medicine, which the relevant person has been informed by the Secretary of State could contribute to the development of the operational capabilities of the armed forces of North Korea.”.

6.  In article 6(6)—

(a) in the heading, omit “North Korean”;

(b) after paragraph (2), insert—

“(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.

(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.”.

7.  For article 6A(7), substitute—

“Leasing, chartering or provision of crew services

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(8),

(ii) 1874 adopted on 12 June 2009(9),

(iii) 2087 adopted on 22 January 2013(10),

(iv) 2094 adopted on 7 March 2013(11),

(v) 2270 adopted on 2 March 2016(12),

(vi) 2321 adopted on 30 November 2016(13),

(vii) 2356 adopted on 2 June 2017 (14),

(viii) 2371 adopted on 5 August 2017(15), or

(ix) 2375 adopted on 11 September 2017(16); 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.”

8.  For article 6B(17), substitute—

“Registration of ships

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 vessel that—

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

(b) has been de-registered by another State pursuant 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 11 September 2017.”

9.  In article 6C(18)—

(a) in paragraph (1)—

(i) in sub-paragraph (a), for “Annex IV”, substitute “Annex XIII, XV, XVI or XVII”;

(ii) at the end of sub-paragraph (b), omit “or”;

(iii) after sub-paragraph (c), insert—

“(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.”

(b) after paragraph (4), insert—

“(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.”

10.  In Article 14(1)—

(a) after “6(2),” insert “6(3), 6(4),”, and

(b) for “6C(1) or (3)”, substitute “6C(1), (3), or 4(A)”.

Ceri King

Deputy Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

Articles 3 to 8 of this Order amend the North Korea (United Nations Sanctions) Order 2009 (S.I. 2009/1749), as amended, giving effect to certain aspects of further United Nations sanctions imposed against North Korea by the United Nations Security Council in resolution 2375, adopted on 11th September 2017.

Articles 8 and 10 also give effect to certain aspects of United Nations sanctions against North Korea by the United Nations Security Council in resolution 2371, adopted on 5th August 2017.

This Order amends the offences related to carriage of goods to North Korea to broaden the goods to which the offences apply. They now include condensates and natural gas liquids, refined petroleum products, and crude oil, as defined in Council Regulation (EU) 2017/1509, as amended. It also extends the offences related to carriage of goods from North Korea to include textiles, also as defined in Council Regulation 2017/1509, as amended.

This Order creates an offence relating to the facilitation of or engagement in ship-to-ship transfers concerning North Korean ships and items being transported to or from North Korea.

This Order also creates offences relating to access to UK ports by ships owned, operated, crewed or flagged by North Korea, or vessels which refuse inspection for carriage of goods prohibited under the North Korea (United Nations Sanctions) Order 2009 (S.I. 2009/1749).

(1)

1946 c.45.

(2)

S.I. 2009/1749.

(3)

Relevant amending instruments are S.I. 2016/1119 and S.I. 2017/319.

(4)

As substituted by S.I. 2017/319.

(5)

As substituted by S.I. 2017/319.

(6)

As substituted by S.I. 2016/1119.

(7)

As inserted by S.I. 2016/1119.

(8)

S/RES/1718 (2007).

(9)

S/RES/1874 (2009).

(10)

S/RES/2087 (2013).

(11)

S/RES/2094 (2013).

(12)

S/RES/2270 (2016).

(13)

S/RES/2321 (2016).

(14)

S/RES/2356 (2017).

(15)

S/RES/2371 (2017).

(16)

S/RES/2375 (2017).

(17)

As inserted by S.I. 2016/1119.

(18)

As inserted by S.I. 2016/1119 and amended by S.I. 2017/319.