Web alert: EU implements new UN sanctions against the Democratic People’s Republic of Korea (“DPRK”)
On 30 November 2016, the United Nations Security Council adopted Resolution 2321 (2016), providing for new measures against the DPRK in response to its nuclear test on 9 September 2016.
The EU has now adopted Council Regulation (EC) No 329/2007 giving effect to measures provided for Resolution 2321 (2016).
The most important provisions for the shipping community are the following:
- Prohibition of leasing, chartering their flagged vessels or aircraft or providing crew services to the DPRK or any individuals or entities who have assisted in the evasion of sanctions or in violating the provisions of resolutions.
- Prohibition of registering vessels in the DPRK, obtaining authorization for a vessel to use the DPRK flag, owning, leasing, operating, providing any vessel classification, certification or associated service, or insuring any vessel flagged by the DPR, unless the Committee approves on a case-by-case basis in advance.
- If the Committee has reasonable grounds to believe the vessels are or have been related to nuclear- or ballistic missile-related programmes or activities prohibited by resolutions, it may require any or all of the following measures with respect to designated vessels:
(a) the flag state of a designated vessel shall de -flag the vessel;
(b) the flag state of a designated vessel shall direct the vessel to a port identified by the Committee, in coordination with the port state;
(c) all EU member states shall prohibit a designated vessel from entering their ports, unless in case of emergency, in case of return to the vessel’s port of origination, or in case of direction by the Committee; and
(d) a vessel designated by the Committee shall be subject to the asset freeze.
- Prohibition of provision of insurance or re-insurance services to vessels owned, controlled, or operated, including through illicit means, by the DPRK unless the Committee determines on a case-by-case basis that the vessel is engaged in activities exclusively for livelihood purposes which will not be used by DPRK individuals or entities to generate revenue or exclusively for humanitarian purposes.
- A ban on importing copper, nickel, silver, zinc, and statues form DPRK.
- A ban on exporting new helicopters and vessels to DPRK.
- Imposition of an annual cap on DPRK coal exports, reducing their volume by around 60%
- Asset freezes and travel bans on 11 people and 10 entities for alleged ties to North Korea’s nuclear and ballistic missile programmes.
- EU member states to reduce the number of staff at DPRK diplomatic missions and consular posts and to limit North Korean diplomatic missions to one bank account each, in an effort to prevent North Korea from using them for illicit activities.
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Source: The Standard Club
