UK Offence Report

The North Korea (United Nations Measures) (Overseas Territories) Order 2006

UK Statutory Instrument 2006 No. 3327 — creates 18 criminal offences.

18offences created
0recorded in force
18revoked
Made
14 December 2006
In force from
16 December 2006
Extent
Not stated
Subject
International sanctions, export control and trade restrictions
Made under
Her by section 1 of the United Nations Act 1946

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order, made under section 1 of the United Nations Act 1946, gives effect in the territories listed in Schedule 1 to Resolution 1718(2006) adopted by the Security Council of the United Nations on 14th October 2006. The Security Council has decided that all states are to take certain measures against the Democratic People’s Republic of Korea (North Korea) following its conduct of a test of a nuclear weapon. The measures include a ban on supply to North Korea of certain arms and sensitive goods and technologies related to North Korea’s nuclear weapon, ballistic missile and other weapons of mass destruction programmes (“restricted goods”), a ban on related assistance, a ban on procurement of restricted goods from North Korea, a ban on supply to North Korea of prohibited luxury goods, and an asset freeze on, and prohibition on making funds available to, designated persons and entities. A Committee of the Security Council, established under the Security Council Resolution, or the Security Council, may designate further banned goods and persons or entities subject to the asset freeze. The substantive provisions include the following: Article 3 of this Order requires the Governor of each territory to maintain a list of persons and entities designated by the Committee of the Security Council (“designated persons”) as subject to the asset freeze, and to publish the list in the official gazette of the Territory, as well as a list of restricted goods and prohibited luxury goods as necessary. Article 4 makes it a criminal offence for any person to supply restricted or prohibited luxury goods without a licence. Article 5 prohibits the exportation of restricted or prohibited luxury goods and makes it a criminal offence to contravene this prohibition. Article 6 prohibits the provision of technical or financial assistance relating to restricted goods and makes it a criminal offence to contravene this prohibition. Article 7 prohibits the use of ships, aircraft and vehicles to carry restricted goods or prohibited luxury goods to North Korea, and makes it a criminal offence to contravene this prohibition. Article 8 prohibits the procurement of restricted goods from North Korea, and makes it a criminal offence to contravene this prohibition. Article 9 prohibits any dealing with funds, financial assets and economic resources of designated persons, and makes it a criminal offence to contravene this prohibition. Article 10 prohibits making funds, financial assets and economic resources available to designated persons, and makes it a criminal offence to contravene this prohibition. Article 12 makes it a criminal offence to circumvent the prohibitions in articles 9 and 10 or to facilitate the commission of an offence relating to these prohibitions. Article 13 gives the Governor power to direct that a person or entity suspected of being controlled or directed, or in the case of an entity, owned, controlled or directed, by a designated person, or of acting on behalf of or at the direction of a designated person is to be treated for the purposes of the prohibitions and offences as if he or it were a designated person. It also creates an appeal process in respect of any such direction. Article 14 provides a licensing procedure to enable, for humanitarian purposes, certain dealings or activities to be exempted from the asset freeze prohibitions. Penalties applying upon conviction for offences under the Order are provided in article 24. Schedule 3 makes provision about information and evidence. Schedule 4 contains the list of prohibited luxury goods.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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