Notice

NTI 2945: North Korea import sanctions

Published 1 July 2021

The Democratic People’s Republic of Korea (DPRK) import sanctions

This notice provides an overview of the import prohibitions in force on certain goods imported into the UK, including Northern Ireland, that have originated in or are consigned from the territory covered by the DPRK. It also sets out the licensing process for traders looking to import goods subject to prohibitions.

It should be read alongside the statutory guidance published by the Foreign, Commonwealth and Development Office (FCDO). This notice has no legal effect, and in case of conflict with the statutory guidance published by the FCDO, the statutory guidance will prevail.

Background

1) The Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019 came into force on 1 January 2021 and have replaced, with substantially the same effect, relevant existing EU legislation, corresponding prohibitions in the Open General Import Licence (OGIL) and related UK regulations.

2) The Regulations impose financial, trade, transport and immigration sanctions for the purpose of giving effect to the United Kingdom’s obligations under United Nations Security Council (UNSC) Resolutions including:

• 1718 (2006)
• 1874 (2009)
• 2087 (2013)
• 2094 (2013)
• 2270 (2016)
• 2321 (2016)
• 2356 (2017)
• 2371 (2017)
• 2375 (2017)
• 2397 (2017) (‘UNSCR 1718’, ‘UNSCR 1874’, UNSCR 2087’, ‘UNSCR 2094’, UNSCR 2270’, ‘UNSCR 2321’, ‘UNSCR 2356’, ‘UNSCR 2371’, ‘UNSCR 2375’, ‘UNSCR 2397’)
  • and the additional statutory purposes set out in the regulations

3) This sanctions regime is aimed at restricting the ability of the DPRK to carry on banned programmes, promoting the abandonment by the DPRK of banned programmes and the decommissioning of the DPRK’s banned weapons. It also aims to promote peace, security and stability on the Korean peninsula.

Import prohibitions

4) There are four import prohibitions specified in the DPRK Sanctions Regulations that are set out below:

Regulation 36

The import of the following goods is prohibited:

• arms and related materiel, dual-use goods, and other arms- and Weapons of Mass Destruction-related goods
  • this includes all military goods, and anything which falls within chapter 93 of the Goods Classification table, other than military goods

These goods are prohibited where they are:

• consigned from or originate from the DPRK. This means that even if the immediate place the goods were shipped from was not DPRK, the prohibition may still apply

Regulation 44

Prohibits the import of armed forces goods which are consigned from or originate in the DPRK.

In this regulation ‘armed forces goods’ means goods, except food or medicine, which could support or enhance the operational capability of the armed forces of any country other than the DPRK.

Regulation 48

Prohibits the import of the following goods if they are consigned from or originate in the DPRK:

• coal, iron and iron ore
• copper, nickel, silver and zinc
• earth and stone
• food and agricultural products
• gold ores and concentrates, titanium ore, vanadium ore and rare-earth minerals
• lead and lead ore
• luxury goods
• machinery and electrical equipment
• petroleum products
• seafood
• statues
• textiles
• vessels
• wood

Regulation 52

Prohibits the import of gold, precious metals or diamonds consigned from a DPRK Government person. Regulation 64 defines a DPRK Government person as:

a) the Government of the DPRK or any member of that Government

b) the Central Bank of the DPRK

c) a person acting on behalf of or at the direction of a person falling within paragraph (a) or (b), or

d) a person, other than an individual, which is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person falling within paragraph (a) or (b)

Exceptions

5) Part 9 of the regulations also sets out exceptions to some of the import prohibitions which apply within certain defined circumstances. An exception applies automatically and does not require you to obtain a licence issued in accordance with the Regulations. There are two exceptions specified in the DPRK Sanctions Regulations that is set out below:

Regulation 84

The prohibition in regulation 48 does not apply if you are importing luxury goods that fall under the following categories:

• the personal effects of a person travelling to or from the DPRK
• goods of a non-commercial nature for the personal use of a person travelling to or from the DPRK and contained in that person’s luggage
• goods which are necessary for the official purposes of a diplomatic mission or consular post in the DPRK, or of an international organisation enjoying immunities in the DPRK in accordance with international law
• the personal effects of a member of a diplomatic mission or consular post in the DPRK

Regulation 87

The prohibitions referenced in paragraph four of this notice do not apply if the act is one which a ‘responsible officer’ (for example, a government or agency official) has determined would be in the interests of:

• national security, or
• the prevention or detection of serious crime in the United Kingdom or elsewhere

Trade sanction licences

6) A licence is a written authorisation that permits an otherwise prohibited activity. DIT’s Import Licensing Branch (ILB) is responsible for administering the licensing provisions on behalf of the Secretary of State for all trade sanction licence applications from importers.

7) Where traders are looking to import goods prohibited under regulations 36,44,48 and 52, and where an exception does not apply, you will need to make a licence application through ILB’s Import Case Management System (ICMS). You will need to register on ICMS, if you do not already have an account, and submit an importer access request. Please then contact Import Controls ([email protected]) with details of your proposed import for further instruction. We will consider each application on a case-by-case basis to determine whether granting a licence would be consistent with the stated purposes of the sanctions regime and any UN or other relevant international law obligations. The Secretary of State for International Trade is ultimately responsible for decisions to grant or refuse a trade sanctions licence in any individual case.The Secretary of State for International Trade is ultimately responsible for decisions to grant or refuse a trade sanctions licence in any individual case.

8) For the prohibition under regulations 36, 44, 48 and 52 there are some specific activities that we consider likely to be consistent with the aims of the sanctions regime. These are set out in the below table and in further detail in the statutory guidance. If you think that your proposed activity falls within one of these specific descriptions, you should make this clear and explain why you believe this to be the case in your application for a licence.

9) You should not assume that a licence will be granted or engage in any activities prohibited by trade sanctions until your licence has been granted. If you are unclear on any aspect of the regulations and in what cases a trade sanctions licence is required, we recommend that you seek independent legal advice in the first instance.

10) In line with the requirements of the Northern Ireland Protocol (NIP), licences are not required for imports or exports of non-military goods covered by sanctions between Northern Ireland and EU Member States. Licences will however be required from the relevant EU Member State to move items to or from the sanctioned country. You will also have to comply with any other licensing requirements under UK import or export control legislation as applicable.

Consideration for licensing

11) A licence may be granted for any activity that would otherwise be prohibited if the Secretary of State considers that:

• the activity is necessary to facilitate the work of international and non-governmental organisations carrying out assistance and relief activities in the DPRK for the benefit of the civilian population in the DPRK
• any other purpose consistent with the objectives of the UNSC’s DPRK Resolutions, which may include activities undertaken solely for humanitarian or denuclearisation purposes

This is subject to UNSC approval.

12) A licence may be granted for any activity that would otherwise be prohibited if the Secretary of State considers that:

• the activity is necessary for the functioning of diplomatic missions or consular posts in the DPRK in accordance with the 1961 and 1963 Vienna Conventions
• or international organisations enjoying immunities in accordance with international law in the DPRK

13) A licence may be issued for the export, import, making available, acquisition, transfer, supply or delivery of armed forces goods or armed forces technology where the Secretary of State considers that:

• the goods or technology do not relate to the production, development, maintenance or use of military goods or military personnel, and do not directly contribute to exports that support or enhance the operational capabilities of the armed forces of a third country, and
• such activity is exclusively for either humanitarian or livelihood purposes which will not be used by DPRK persons, entities, or bodies to generate revenue, and is not related to any activity prohibited by relevant UNSC resolutions

This is subject to advance UNSC notification.

As part of your application for a licence under this provision, you will need to be able to demonstrate that measures are in place to prevent the diversion of items for a prohibited purpose. We will notify the UNSC of the licence in advance of the activity taking place and inform them of those preventative measures taken.

14) A licence may be issued for the export, import, making available, acquisition, transfer, supply or delivery of armed forces goods or armed forces technology where the Secretary of State considers that:

• the goods or technology do not relate to the production, development, maintenance or use of military goods or military personnel, and do not directly contribute to exports that support or enhance the operational capabilities of the armed forces of a third country, and
• the UNSC has approved that such activity would not be contrary to the objectives of relevant UNSC resolutions

15) A licence may be issued for the import, acquisition, supply or delivery of coal where the Secretary of State considers that:

• it originated from outside the DPRK
• it was transported through the DPRK solely for export from the port of Rajin (Ranson), and
• the transactions are unrelated to generating revenue for the DPRK’s nuclear or ballistic-missile programmes or other activities prohibited by relevant UNSC resolutions or these Regulations

The UNSC must be notified in advance of such transactions.

Enforcement of trade sanctions

16) The Customs and Excise Management Act 1979 (CEMA) makes it a criminal offence to contravene the trade sanctions. Some breaches of the import sanctions prohibitions are triable either way and carry a maximum sentence on indictment of 7 years’ imprisonment or a fine (or both). Under section 110 of the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019, the maximum sentence has been modified to 10 years’ imprisonment. Any breach of the trade licensing provisions or information requirements in connection with general trade licences is also triable either way and carries a maximum sentence on indictment of 2 years’ imprisonment or a fine (or both). Please refer to part 4 of the CEMA for full details.

17) HM Revenue and Customs (HMRC) is responsible for enforcing the licensing restrictions and investigating suspected offences.

18) If you discover that you have breached any of the trade prohibitions or licensing provisions, you should report the irregularity to HMRC (sometimes known as ‘voluntary disclosure’) as soon as possible.

Enquiries

For further information on the import controls, contact [email protected].

For information on export controls:

• contact the Export Control Joint Unit (ECJU) on 020 7215 4594
• email [email protected]
• subscribe to the ECJU’s notices to exporters

For specific queries on export-related trade sanctions, contact [email protected].

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