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

Transitional provision: prior obligations etc.

134.—(1) Where—

(a) a person was named in Annex XV, XVI or XVII of the EU DPRK Regulation immediately before the relevant date, and

(b) the person is a designated person immediately before that date,

any reference in a provision mentioned in paragraph (3) to the date on which a person became a designated person or a non-UN designated person is to be read as a reference to the original listing date.

(2) Where, immediately before the relevant date, a person was named for the purposes of paragraph 8(d) of resolution 1718 by the Security Council or the Committee, the reference in each of the provisions mentioned in paragraph (3)(a) and (b) to the date on which a person became a designated person is to be read as a reference to the date on which the person was so named.

(3) The provisions referred to in paragraphs (1) and (2) are—

(a) regulation 81(5) (asset-freeze etc.: exceptions from prohibitions),

(b) paragraph 5(b)(i) of Schedule 3 (pre-existing judicial decisions etc.), and

(c) paragraph 8(a)(i) of Schedule 3 (prior obligations).

(4) In this regulation—

“designated person” has the same meaning as it has in Part 4 (Finance);

“original listing date” means the earlier of—

(a)

the date on which the person was named in Annex XV, XVI or XVII of the EU DPRK Regulation; and

(b)

if the person was also named in Annex V or Va of Council Regulation (EU) No 329/2007 of 27 August 2007 concerning restrictive measures against the Democratic People’s Republic of Korea(1), the date on which the person was named in one of those Annexes;

“the relevant date” means—

(a)

where regulations under section 56 of the Act provide that Part 4 comes into force at a specified time on a day, that time on that day;

(b)

otherwise, the date on which Part 4 comes into force.

(1)

OJ L 088, 29.3.2007, p. 1.