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

Brokering services: non-UK activity relating to restricted goods and restricted technology

42.—(1) A person must not directly or indirectly provide brokering services to a person connected with the DPRK in relation to an arrangement (“arrangement A”) whose object or effect is—

(a) the direct or indirect supply or delivery of restricted goods from a non-UK country to a different non-UK country,

(b) directly or indirectly making restricted goods available in a non-UK country for supply or delivery to a different non-UK country,

(c) directly or indirectly making restricted technology available in a non-UK country for transfer to a place in a different non-UK country,

(d) the direct or indirect acquisition, in a non-UK country, of restricted goods, for supply or delivery to a different non-UK country,

(e) the direct or indirect acquisition, in a non-UK country, of restricted technology, for transfer to a place in a different non-UK country,

(f) the transfer of restricted technology from a place in a non-UK country to a place in a different non-UK country,

(g) the direct or indirect provision, in a non-UK country, of technical assistance relating to restricted goods or restricted technology,

(h) the direct or indirect procurement from a non-UK country of technical assistance relating to restricted goods or restricted technology,

(i) the direct or indirect provision of financial services in a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 41(1),

(j) the direct or indirect procurement of financial services from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 41(1), or

(k) the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 41(1).

(2) A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is—

(a) the direct or indirect supply or delivery of restricted goods from a third country to a place in the DPRK;

(b) directly or indirectly making restricted goods available in a third country for direct or indirect supply or delivery—

(i) to a person connected with the DPRK, or

(ii) to a place in the DPRK;

(c) directly or indirectly making restricted technology available in a third country for transfer—

(i) to a person connected with the DPRK, or

(ii) to a place in the DPRK;

(d) the transfer of restricted technology from a place in a third country—

(i) to a person connected with the DPRK, or

(ii) to a place in the DPRK;

(e) the direct or indirect provision, in a non-UK country, of technical assistance relating to restricted goods or restricted technology—

(i) to a person connected with the DPRK, or

(ii) for use in the DPRK;

(f) the direct or indirect provision, in a non-UK country, of financial services—

(i) to a person connected with the DPRK, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 41(1), or

(ii) where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 41(3);

(g) directly or indirectly making funds available, in a non-UK country, to a person connected with the DPRK, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 41(1); or

(h) the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 41(3).

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

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

(5) A person who contravenes a prohibition in paragraph (2) 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.

(6) In this regulation—

“non-UK country” means—

(a)

for the purposes of paragraph (1)(a), (b) and (d), a country that is not the United Kingdom or the Isle of Man,

(b)

for the purposes of any other provision of this regulation, a country that is not the United Kingdom;

“third country” means—

(a)

for the purposes of paragraph (2)(a) and (b), a country that is not the United Kingdom, the Isle of Man or the DPRK,

(b)

for the purposes of any other provision of this regulation, a country that is not the United Kingdom or the DPRK.