The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2012
UK Statutory Instrument 2012 No. 3066 — creates 23 criminal offences.
- Made
- 12 December 2012
- In force from
- 9 January 2013
- Extent
- Not stated
- Subject
- International sanctions, export control and trade restrictions
- Made under
- Her by section 1 of the United Nations Act 1946, Saint Helena Act 1833
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 gives effect in specified Overseas Territories to sanctions in respect of Democratic People’s Republic of Korea (DPRK) adopted by the United Nations Security Council in resolutions 1718 (2006) and 1874 (2009). The Order also reflects the implementation of these sanctions by the European Union in Council Decision 2010/800 CFSP (as amended) and Council Regulation (EU) 329/2007 (as amended). This Order revokes and replaces the North Korea (United Nations Measures) (Overseas Territories) Order 2006. The main provisions of the sanctions in respect of DPRK as reflected in this Order are: a prohibition in respect of the direct or indirect sale, supply or transfer to any person in, or for use, in DPRK of (i) arms and related materiel, (ii) items, materials, equipment, goods and technology which could contribute to DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes or which could contribute to its military activities, (iii) certain dual-use goods and technology, and (iv) luxury goods; a prohibition on the supply to DPRK of certain technical assistance, training, financial and other specified forms of assistance; a prohibition on obtaining arms and other prohibited material as well as related technical assistance, training, financial and other specified forms of assistance from DPRK; a freezing of funds and economic resources owned or controlled by persons or entities designated by the United Nations Security Council or its Committee established pursuant to United Nations Security Council resolution 1718 (2006) or by the European Union; and a prohibition on making funds and economic resources available to such designated persons or entities. Individuals and entities are designated (as specified in United Nations Security Council resolution 1718 (2006)) for being engaged in or providing support for, including through illicit means, DPRK’s nuclear-related, other weapons of mass destruction-related and ballistic missile-related programmes. The sanctions regime also includes a prohibition on the provision of ship supply services, including bunkering, to ships registered in DPRK that are believed to be carrying goods the carriage of which is prohibited by this Order. The Order makes provision for the Governor to licence certain activities in line with exceptions under the sanctions regime.
Offences created by this instrument
- Providing ship supply services article 10(1) · Status not determined · Mixed — some elements strict, some not
- Licences granted by the Governor article 11(10) · Status not determined · Requires proof of a state of mind
- Circumvention and contravention of prohibitions article 16 · Status not determined · Requires proof of a state of mind
- Dealing with funds and economic resources article 4(1) · Status not determined · Objective fault
- Dealing with funds and economic resources article 4(3) · Status not determined · Objective fault
- Dealing with funds and economic resources article 4(4) · Status not determined · Objective fault
- Information relating to funds etc article 6(5) · Status not determined · Strict liability
- Providing, obtaining or carrying restricted goods or luxury goods article 7(1) · Status not determined · Requires proof of a state of mind
- Providing, obtaining or carrying restricted goods or luxury goods article 7(2) · Status not determined · Requires proof of a state of mind
- Providing, obtaining or carrying restricted goods or luxury goods article 7(3) · Status not determined · Requires proof of a state of mind
- Providing, obtaining or carrying restricted goods or luxury goods article 7(4) · Status not determined · Requires proof of a state of mind
- Providing, obtaining or carrying restricted goods or luxury goods article 7(5) · Status not determined · Requires proof of a state of mind
- Providing assistance related to restricted goods article 8(1) · Status not determined · Requires proof of a state of mind
- Providing assistance related to restricted goods article 8(2) · Status not determined · Requires proof of a state of mind
- Obtaining assistance related to restricted goods article 9(1) · Status not determined · Requires proof of a state of mind
- Obtaining assistance related to restricted goods article 9(2) · Status not determined · Requires proof of a state of mind
- Obtaining assistance related to restricted goods article 9(2) · Status not determined · Requires proof of a state of mind
- Power to demand evidence of destination of restricted goods or luxury goods paragraph 1(3) of SCHEDULE 2 · Status not determined · Strict liability
- It is an offence for P to— a fail without reasonable excuse to comply with a requirement under sub-paragraph (1), or b… paragraph 2(2) of SCHEDULE 2 · Status not determined · Requires proof of a state of mind
- It is an offence for P to fail without reasonable excuse to comply with a request to be searched under sub-paragraph (3) paragraph 2(5) of SCHEDULE 2 · Status not determined · Strict liability
- It is an offence for a person to— a without reasonable excuse, refuse or fail within the time and in the manner… paragraph 3 of SCHEDULE 6 · Status not determined · Requires proof of a state of mind
- Investigation of suspected ships, aircraft or vehicles paragraph 3(6) of SCHEDULE 2 · Status not determined · Requires proof of a state of mind
- It is an offence for a person to disclose information or a document obtained in accordance with this Order (including… paragraph 5(1) of SCHEDULE 6 · Status not determined · Strict liability
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 2012