The North Korea (United Nations Sanctions) Order 2009 (revoked)
UK Statutory Instrument 2009 No. 1749 — creates 8 criminal offences.
- Made
- 8 July 2009
- In force from
- 10 July 2009
- 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 the United Nations Act 1946, gives effect to United Nations sanctions against North Korea under resolution 1874(2009) of the Security Council adopted on 12 June 2009. This Order supplements existing trade controls, by prohibiting the carriage of military goods to North Korea using UK flag vessels or aircraft, the procurement of military goods from North Korea, the carriage of such goods from North Korea using UK flag vessels or aircraft, and the supply of services to North Korean ships in specified circumstances.. The substantive provisions of this Order include the following— Military goods are defined in article 2 by reference to subsidiary legislation made under the Export Control Act 2002. Article 3 prohibits the use of vessels, aircraft and vehicles for the carriage of military goods to North Korea. A breach of this article is an offence. Article 4 prohibits the procurement of military goods from North Korea. Any person knowingly concerned in such procurement commits an offence. Article 5 prohibits the use of vessels, aircraft and vehicles for the carriage of military goods from North Korea. A breach of this article is an offence. Article 6 prohibits the provision of ship supply services to ships registered in North Korea in specified circumstances. Ship supply services are defined as “the provision to a ship of bunker oil or any other supply, provision or service, other than basic provisions for the crew, to facilitate a voyage by that ship.” Any person knowingly concerned in the provision of ship supply services in such circumstances commits an offence. Articles 7 to 13 contain ancillary provisions to facilitate enforcement of the above provisions and to detect the evasion of any prohibition. Article 14 provides penalties for the offences specified in this Order and for proceedings. Schedule 1 lists the overseas territories to which information may be disclosed as provided in article 11. Schedule 2 makes provision for the gathering of evidence and information. A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
Offences created by this instrument
- Provisions supplementary to articles 8 to 10 article 11(3) · Status not determined · Requires proof of a state of mind
- Use of ships, aircraft and vehicles: military goods from North Korea article 3(3) · Status not determined · Strict liability
- Procurement of military goods from North Korea article 4(3) · Status not determined · Requires proof of a state of mind
- Supply Services to North Korean ships article 6(3) · Status not determined · Requires proof of a state of mind
- Any person who has done any act under the authority of a licence granted by the Secretary of State under this Order… article 7 · Status not determined · Mixed — some elements strict, some not
- Any person who, for the purpose of obtaining any licence under this Order, makes any statement or furnishes any… article 7(1) · Status not determined · Requires proof of a state of mind
- Any person who has done any act under the authority of a licence granted by the Secretary of State under this Order… article 7(2) · Status not determined · Strict liability
- Any person who— a without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no… paragraph 5 of SCHEDULE 2 · Status not determined · Requires proof of a state of mind
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.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2009