Notice to Exporters 2017/03: North Korea order amended

The Export Control (North Korea Sanctions and Iran, Ivory Coast and Syria Amendment) Order 2017 will come into force on 22 February 2017. This order updates, and revokes, the Export Control (North Korea and Ivory Coast Sanctions and Syria Amendment) Order 2013.

The 2013 Export Control Order prohibited:

  • trade with North Korea in dual-use goods and technology as listed in Annex I to Council Regulation (EC) No 428/2009
  • trade with North Korea in goods and technology which would contribute to North Korea’s nuclear-related, other weapons of mass destruction-related or ballistic missile-related programme, and on the provision of related service
  • trade in luxury goods as listed in Annex III of EU Council Regulation No 329/2007

The 2017 Export Control Order includes these restrictions and provides for:

  • national offences, penalties and licensing provisions specified in the North Korea Regulation (Council Regulation EC No. 329/2007) and that fall within the remit of Department of International Trade to implement
  • enforcement of the North Korea sanctions amended last year by the UN and EU

The North Korea Council Regulation was amended on 4 April 2016 to include a list of additional goods to which prohibitions on the transfer, procurement and provision of technical assistance apply. This regulation was further amended on 4 August 2016 to include a list of additional goods to which prohibitions on the transfer, procurement and provision of technical assistance apply. This list (annex Ig) was further amended by Council Implementing Regulation on 14 October 2016.

0.1Miscellaneous amendments

In addition, the Order makes amendments to the:

  • Export Control Order 2008 to move the Ivory Coast from Part 2 of Schedule 4 (embargoed destinations) to that Order to Part 4 of Schedule 4 (destination subject to transit control) as sanctions against the Ivory Coast have recently been lifted
  • Export Control (Syria Sanctions) Order 2013. This amendment, along with the amendment to the Export Control Order 2008, re-enacts and therefore continues the amendments that were contained in the Export Control (North Korea and Ivory Coast Sanctions and Syria Amendment) Order 2013, which is revoked by this order
  • Export Control (Iran Sanctions) Order 2016 to correct a small drafting error

0.2 Background

Since 2006 the UN Security Council has adopted six resolutions imposing trade, financial and other sanctions against North Korea in response to that country’s nuclear weapon and ballistic missile programmes, most recently in March 2016 (UNSCR 2270). UN Security Council Resolutions are binding on all states.

The EU implements UN sanctions through council decisions, and, for those measures that fall within EU competence, council regulations. The EU may also adopt additional sanctions beyond those imposed by the UN and may also adopt sanctions in the absence of UN action (as it has done in the case of Russia and Syria). Each member state is then responsible for taking appropriate action to give effect to the sanctions, including for licensing and enforcement.

The UK fully supported the adoption of these sanctions.

 

Full details of these measures and their impact are contained in the explanatory note to the order.

Links:

Notice to Exporters 2017/03

Export Control (North Korea Sanctions and Iran, Ivory Coast and Syria Amendment) Order 2017

 

Explanatory Note

 

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