The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2016 (revoked)
UK Statutory Instrument 2016 No. 630 — creates 34 criminal offences.
- Made
- 8 June 2016
- In force from
- 10 June 2016
- 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 amends the Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2012. This Order gives effect in specified Overseas Territories to the additional sanctions against North Korea adopted by the United Nations Security Council in resolution 2270 (2016), which are reflected and implemented in Council Regulation (EC) 329/2007. In particular the Order provides for the imposition of additional asset freezing measures against certain funds and economic resources of the Government of North Korea and the Korean Worker’s Party and makes provision for licences to be granted to enable the dealing of such funds and economic resources in specified circumstances. The Order also provides for the imposition of additional financial sanctions measures on North Korean credit and financial institutions and UK credit and financial institutions. These include requirements to terminate financial relationships with North Korean credit and financial institutions, prevent new economic activity in North Korea and prohibit financial support for trade that could assist nuclear-related, other weapons of mass destructions-related, or ballistic missile-related programmes, or other activities prohibited by the Council Regulation. The Order also gives effect to new sectoral prohibitions relating to the export of coal, minerals, iron ore, gold, other metals and an import ban on aviation fuel. It broadens the inspection regime in relation to cargo which may be carrying prohibited goods from or to North Korea and imposes prohibitions relating to the chartering of vessels and aircraft to North Korea and listed persons.
Offences created by this instrument
- Application of article 17 article 1(3) · Status not determined · Mixed — some elements strict, some not
- A credit or financial institution (“P”) commits an offence if P— a opens a new bank account with; b establishes a new… article 10C(1) · Status not determined · Objective fault
- A credit or financial institution (“P”) commits an offence if P— a opens a new representative office in North Korea;… article 10C(2) · Status not determined · Strict liability
- Acquisition or extension of ownership interest article 10D · Status not determined · Strict liability
- Severance of existing financial relationships article 10E(1) · Status not determined · Objective fault
- Severance of existing financial relationships article 10E(5) · Status not determined · Requires proof of a state of mind
- Severance of existing financial relationships article 10E(7) · Status not determined · Requires proof of a state of mind
- Business directly or indirectly with designated persons article 10F · Status not determined · Requires proof of a state of mind
- Financial support for trade article 10G · Status not determined · Requires proof of a state of mind
- A person (“P”) commits an offence if P knowingly sells, supplies, transfers or exports (directly or indirectly) new… article 10H · Status not determined · Requires proof of a state of mind
- A person (“P”) commits an offence if P knowingly— a sells, supplies, transfers or exports (directly or indirectly)… article 10I(1) · Status not determined · Requires proof of a state of mind
- It is an offence for a person (“P”) to provide access to ports in the Territory to any vessel that P knows or has… article 10J(1) · Status not determined · Objective fault
- A person (commits an offence if P leases or charters a vessel or aircraft, or provides crew services, with knowledge… article 10K(1) · Status not determined · Objective fault
- A person (“P”) commits an offence if P owns, leases, insures, operates, or provides vessel classification services or… article 10K(2) · Status not determined · Objective fault
- A person (“P”) commits an offence if P registers or maintains on a register a vessel which P knows or has reasonable… article 10K(3) · Status not determined · Objective fault
- Offences related to the movement of restricted goods, luxury goods, aviation fuel, coal, iron and iron ore, and gold… article 5 · Status not determined · Requires proof of a state of mind
- Providing, obtaining or carrying goods destined for North Korea’s armed forces 7A 1 It is an offence for a person… article 5 · Status not determined · Mixed — some elements strict, some not
- It is an offence for a person to knowingly sell, supply, transfer or export (directly or indirectly) restricted goods—… article 7(1) · Status not determined · Requires proof of a state of mind
- It is an offence for a person to knowingly sell, supply or transfer or export (directly or indirectly) luxury goods or… article 7(2) · Status not determined · Requires proof of a state of mind
- It is an offence for a person to knowingly obtain restricted goods, coal, iron and iron ore, or gold and ores from… article 7(3) · Status not determined · Requires proof of a state of mind
- It is an offence for a relevant person to knowingly use a ship, aircraft or vehicle falling within paragraph (7) for… article 7(4) · Status not determined · Requires proof of a state of mind
- It is an offence for a relevant person to knowingly use a ship, aircraft or vehicle falling within paragraph (7) for… article 7(5) · Status not determined · Requires proof of a state of mind
- Providing, obtaining or carrying goods destined for North Korea’s armed forces article 7A(1) · Status not determined · Mixed — some elements strict, some not
- Providing, obtaining or carrying goods destined for North Korea’s armed forces article 7A(2) · Status not determined · Mixed — some elements strict, some not
- Providing, obtaining or carrying goods destined for North Korea’s armed forces article 7A(3) · Status not determined · Mixed — some elements strict, some not
- For articles 10C to 10F, substitute— North Korean credit and financial institutions: branches, subsidiaries, and… article 8 · Status not determined · Objective fault
- Acquisition or extension of ownership interest 10D A credit or financial institution (“P”) commits an offence if P… article 8 · Status not determined · Mixed — some elements strict, some not
- Severance of existing financial relationships 10E 1 A credit or financial institution (“P”) commits an offence if, by… article 8 · Status not determined · Objective fault
- Business directly or indirectly with designated persons 10F A credit or financial institution (“P”) commits an offence… article 8 · Status not determined · Requires proof of a state of mind
- Financial support for trade 10G A credit or financial institution (“P”) commits an offence if P knowingly provides… article 8 · Status not determined · Requires proof of a state of mind
- Offences related to the movement of North Korean banknotes or coins 10H A person (“P”) commits an offence if P… article 8 · Status not determined · Requires proof of a state of mind
- Offences related to the movement of gold, precious metals or diamonds listed in Annex VII to the Council Regulation… article 8 · Status not determined · Requires proof of a state of mind
- Offences related to the provision of access to ports 10J 1 It is an offence for a person (“P”) to provide access to… article 8 · Status not determined · Objective fault
- Offences related to the leasing, chartering or provision of crew services 10K 1 A person (commits an offence if P… article 8 · Status not determined · Objective fault
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 2016