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

CHAPTER 3 U.K. Services relating to ships and aircraft

Leasing or chartering of ships and aircraft U.K.

58.—(1) A person must not lease or charter a ship or an aircraft to—

(a) a designated person,

(b) a person acting on behalf of or at the direction of a designated person,

(c) a person, other than an individual, which is owned or controlled directly or indirectly (within the meaning of regulation 7) by a designated person, or

(d) a person connected with the DPRK.

(2) Paragraph (1) is subject to Part 9 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—

(a) it is a defence for a person charged with the offence of contravening paragraph (1)(a), (“P”) to show that P did not know and had no reasonable cause to suspect that the person was a designated person;

(b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was acting on behalf of or at the direction of a designated person;

(c) it is a defence for a person charged with the offence of contravening paragraph (1)(c) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was owned or controlled by a designated person;

(d) it is a defence for a person charged with the offence of contravening paragraph (1)(d) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with the DPRK.

(4) In this regulation a “designated person” means—

(a) a person who is designated under regulation 5 for the purposes of this regulation and regulation 59 (crew services), or

(b) a person who is a designated person for the purposes of this regulation and regulation 59 by reason of regulation 10.

Commencement Information

I1 Reg. 58 not in force at made date, see reg. 1(2)

I2 Reg. 58 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

Crew services for ships and aircraft U.K.

59.—(1) A person must not provide crew services to—

(a) a designated person,

(b) a person acting on behalf of or at the direction of a designated person,

(c) a person, other than an individual, which is owned or controlled directly or indirectly (within the meaning of regulation 7) by a designated person, or

(d) a person connected with the DPRK.

(2) A person must not procure crew services from a person connected with the DPRK.

(3) Paragraphs (1) and (2) are subject to Part 9 (Exceptions and licences).

(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—

(a) it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was a designated person;

(b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was acting on behalf of or at the direction of a designated person;

(c) it is a defence for a person charged with the offence of contravening paragraph (1)(c) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was owned or controlled by a designated person;

(d) it is a defence for a person charged with the offence of contravening [F1 paragraph (1)(d)] or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with the DPRK.

(5) In this regulation “crew services” means services associated with the manning of a ship or aircraft or the provision of a crew or members of a crew for a ship or aircraft.

(6) In this regulation a “designated person” means—

(a) a person who is designated under regulation 5 for the purposes of regulation 58 (leasing or chartering of ships and aircraft) and this regulation, or

(b) a person who is a designated person for the purposes of regulation 58 and this regulation by reason of regulation 10.

Textual Amendments

F1 Words in reg. 59(4)(d) 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(6); S.I. 2020/1514, reg. 5

Commencement Information

I3 Reg. 59 not in force at made date, see reg. 1(2)

I4 Reg. 59 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

Ship classification services U.K.

60.—(1) A person must not provide classification services relating to —

(a) a specified ship,

(b) a ship registered in the DPRK, or

(c) a ship flying the flag of the DPRK.

(2) Paragraph (1) is subject to Part 9 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know, and had no reasonable cause to suspect, that the ship was a specified ship, a ship registered in the DPRK or (as the case may be) a ship flying the flag of the DPRK.

(4) In this regulation—

“classification services” means any services supplied for or in connection with the classification or certification of a ship, including—

(a)

the production and application of classification rules or technical specification concerning the design, construction, equipment or maintenance of ships and shipboard management systems;

(b)

surveys and inspections in accordance with classification rules and procedures;

(c)

the assignment of a class notation;

(d)

the delivery, endorsement or renewal of certificates of compliance with classification rules or specifications;

“specified ship” means a ship specified by the Secretary of State under regulation 11(1) or (2).

Commencement Information

I5 Reg. 60 not in force at made date, see reg. 1(2)

I6 Reg. 60 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)

[F2 Bunkering or ship] supply services U.K.

61.—(1) A person must not provide bunkering or ship supply services relating to a specified ship.

(2) Paragraph (1) is subject to Part 9 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence but it is a defence for a person charged with that offence to show that the person did not know, and had no reasonable cause to suspect, that the ship was a specified ship.

(4) In this regulation—

“bunkering or ship supply services” includes—

(a)

the supply of goods for use in a ship including fuel and spare parts, whether or not for immediate use; and

(b)

any other servicing of a ship;

“specified ship” means a ship specified by the Secretary of State under regulation 11(1) or (2).

Textual Amendments

F2 Words in reg. 61 heading 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(7); S.I. 2020/1514, reg. 5

Commencement Information

I7 Reg. 61 not in force at made date, see reg. 1(2)

I8 Reg. 61 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)