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EU Sanctions on the Democratic Peoples Republic of Korea

1.         In response to the adoption of United Nations Security Council Resolution 1718 (2006) the European Union adopted Council Common Position 2006/795/CFSP (O.J.L322, 22.11.2006, p32) on 20^th November 2006.  The range of measures include:-

1. A ban on the sale, supply or transfer of arms and related materiel to DPRK, from Member States’ territory, by their nationals, or using their flag vessels and aircraft;
2. A ban on all items, materials, equipment, goods and technology determined by the UN Security Council or Committee, in accordance with paragraph 8(a)(ii) of UNSCR1718, (the lists of controlled items referred to there are based on NSG[1], MTCR[2] and AG[3] control lists),  which could contribute to DPRK’s nuclear-related ballistic missile-related or other weapons of mass destruction-related programmes;    
3. A ban on the provision of technical training, advice, services, assistance or brokering services and to the provision, manufacture, maintenance and use of items in (1) and (2) above to any person, entity or body in , or for use in DPRK;
4. A ban on the provision of financing or financial assistance to any person, entity or body, in or for use in DPRK for:-

        (i) any sale, supply, transfer or export of the items in (1) and (2) above, and   

        (ii) the provision of related technical assistance, brokering services and other services;

5. A ban on the participation knowingly or intentionally in activities the object or effect of which is to circumvent the prohibitions referred to in (3) and (4) above;
6. A ban on the procurement (including import) by nationals of Member States, or using their flagged vessels and aircraft, of items and technology referred to in (1) and (2) above from DPRK;
7. A ban on the supply, sale or transfer of Luxury Goods (See Link to list on the right).

2.         Subsequently, Council Regulation (EC) 329/2007 (O.J.L88, 29.3.2007, p1) was adopted and entered into force on 29^th March 2007.  This prohibits:-

a)         the sale, supply, transfer or export, directly or indirectly, to any person, entity or body in, or for use in DPRK of goods and technology , including software, which is covered by the UN sanctions relating to WMD (see above) and is “dual-use” in nature;

b)         the provision of technical assistance related to goods or technology listed in the EU Common Military List (EUCML) or in (a) above  and to the provision, manufacture, maintenance and use of such goods, directly or indirectly to any person, entity or body in, or for use in DPRK;

c)         the provision of financing or financial assistance related to goods or technology listed in the EUCML or in (a) above, for any sale, supply, transfer or export of such items, or for any provision of related technical assistance,  directly or indirectly to any person, entity or body in, or for use in DPRK;

d)         the sale, supply, transfer or export, directly or indirectly of luxury goods (see Annex 1 attached) to DPRK;

e)         the participation, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to above;

f)          to purchase, import or transport goods or technology listed  in (a) above from DPRK.

3.         The prohibitions in (b) and (c) will not apply to non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the EU and its Member States in DPRK. However those wishing to export such vehicles may need to apply for a licence under the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 in the normal way.

4.         UK implementing legislation, The Export Control (North Korea) Order 2007 (S.I.2007/1334) has also been issued and entered into force on 27^th April 2007.  In addition, the Order adds DPRK to the Schedule of destinations that the Trade in Controlled Goods (Embargoed Destinations) Order 2004 applies to and amends Article 2(1) and Article 11 of the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 to ensure that certain exemptions from export controls no longer apply in relation to exports to DPRK.

5.         For further information on strategic export controls and coverage of all Open general Licences please contact:

ECO Enquiry Desk

Department of Trade and Industry

Kingsgate House

66-74 Victoria Street

London

SW1E 6SW

Fax: 020 7215 0531

e-mail: eco.help@dti.gsi.gov.uk

6.         This notice is for information purposes only and has no force in law. Please note that where legal advice is required exporters should make their own arrangements.

Export Control Organisation

Department of Trade and Industry

May 2007

(ECO/PU03/07)