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

Sale and purchase etc. of restricted goods and restricted technologyU.K.

This section has no associated Explanatory Memorandum

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

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)