Sale and purchase etc. of restricted goods and restricted technologyU.K.
38.—(1) A person must not—
(a)directly or indirectly make restricted goods or restricted technology available to a person connected with the DPRK;
(b)directly or indirectly make restricted goods or restricted technology available for use in the DPRK;
(c)directly or indirectly acquire restricted goods or restricted technology from a person connected with the DPRK;
(d)directly or indirectly acquire restricted goods or restricted technology which [F1originate] in the DPRK;
(e)directly or indirectly acquire restricted goods or restricted technology located in 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 an offence of contravening paragraph (1)(a) or (c) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with the DPRK;
(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were for use in the DPRK;
(c)it is a defence for a person charged with the offence of contravening paragraph (1)(d) to show that the person did not know and had no reasonable cause to suspect that the goods or technology originated in the DPRK;
(d)it is a defence for a person charged with the offence of contravening paragraph (1)(e) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were located in the DPRK.
Textual Amendments
F1Word in reg. 38(1)(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(4); S.I. 2020/1514, reg. 5
Commencement Information
I1Reg. 38 not in force at made date, see reg. 1(2)
I2Reg. 38 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)