Overview of current sanctions measures
Current sanctions measures implemented by Jersey in relation to North Korea include:
- Embargo on certain goods and technology
- Ban on import, purchase and export of certain goods and technology which could contribute to North Korea’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes
- Measures to be applied by EU credit and financial institutions to exercise vigilance over their activities with banks domiciled in North Korea and their subsidiaries, branches and other financial entities outside North Korea
- Prohibition against providing any services related to mining or incidental to manufacturing in the chemical, mining and refining industry.
- Ban on provision of certain services
- Ban on trade in gold, precious metals and diamonds with the government of North Korea
- Ban on provision of new North Korean banknotes and coins
- Restrictions on establishment of branches and subsidiaries of and cooperation with North Korean banks
- Restrictions on issuance of and trade in certain bonds
- Ban on supply of aviation fuel
- Prohibition of certain transfers of funds to and from North Korea
- Ban on import
- Freezing of funds and economic services
3 June 2020
Council Implementing Regulation (EU) 2020/730 (“the Amending Regulation”) was published in the Official Journal of the European Union by the Council of the European Union. It amended Annex XIII to the Regulation (EU) 2017/1509 with effect from 3 June 2020.
The Amending Regulation reflects the Decision SC/14182 made on 11 May 2020 by the United Nations Security Council (UNSC) to amend identification information for one person on its list of persons and entities subject to the measures imposed by paragraphs 8 (d) and 8 (e) of Security Council resolution 1718 (2006).
11 May 2020
United Nations Security Council (UNSC) Committee Decision SC/14182 amended one entry on its 1718 Sanctions List of individuals and entities subject to the measures imposed by paragraphs 8 (d) and 8 (e) of Security Council resolution 1718 (2006).
17 July 2019
Council Implementing Regulation (EU) 2019/1207 (the Amending Regulation) was published in the Official Journal of the European Union by the Council of the European Union, amending Annexes XIII, XV and XVI to Regulation (EU) No 2017/1509 with effect from 18 July 2019.
In 2006, the United Nations imposed restrictions on a range of goods from entering or leaving the North Korea and imposed an asset freeze against those designated as persons who engage in or provide support for, including through other illicit means, North Korea’s nuclear-related, other weapons of mass destruction-related and ballistic missile-related programmes. These restrictions were further expanded when Resolutions 2397 (2017);2375 (2017);2371 (2017);2321 (2016);2270 (2016);2094 (2013);1874 (2009) were adopted by the UN Security Council.
In 2016, for the first time, the Council of the EU adopted additional autonomous restrictive measures in relation to the DPRK on the grounds that its actions constitute a grave threat to international peace and security in the region and beyond. In 2017, the EU introduced Council Regulation 2017/1509 to bring all existing UN and EU regulations together (the EU Council Regulation).
The EU Legislation (Sanctions – North Korea) (Jersey) Order 2017 (the North Korea Order) (in force from 23 September 2017) gives effect to and applies the EU Council Regulation in Jersey.
Under Article 29 of the Sanctions and Asset-Freezing (Jersey) Law 2019, if a person becomes a UN-listed person in relation to UNSCR 1718 (2006) that person is to be treated, for the purpose of the North Korea Order, as if that person were already listed for the purpose of an asset freeze in the EU or UK sanctions provisions. This is an interim listing and ceases to have effect as soon as one of the following circumstances occurs:
- 30 days after the person becomes a UN-listed person;
- an amendment is made to an Annex of the EU or UK sanctions provisions to list the person for the purpose of an asset freeze;
- the person ceases to be a UN-listed person.
Under the Sanctions and Asset-Freezing (General Provisions) (Jersey) Order 2019 (the GPO), all of the standard general provisions, contained in Articles 3 to 8 of the GPO, must be read as part of the North Korea Order. As the North Korea Order is also a “prior EU sanctions Order”, the additional provisions in the Schedule to the GPO must be read as part of the North Korea Order.
As stipulated in the North Korea Order, any person who:
- contravenes Article 3, 5, 7, 9, 10, 11, 12, 13, 15, 16a, 16b, 16c, 16d, 16f, 16h, 17, 18, 20, 21, 24, 26, 28, 30, 31, 32, 34, 38(4), 39, 41, 43, 44a or 52 of the EU Council Regulation; or
- intentionally furnishes false information or a false explanation to any person (the Minister or any authorised person by the Minister) exercising powers under paragraph 1 of the Schedule to the GPO; or
- with intent to evade furnishing information or producing documents in accordance with paragraph 1 of the Schedule to the GPO, destroys, mutilates, defaces, secretes or removes any document, or
any person who, without reasonable excuse:
- fails to comply with a request for information (or for a document or an explanation), made by the Minister (or by a person authorised by the Minister) under paragraph 1 of the Schedule to the GPO; or
- contravenes Article 50(1) of the EU Council Regulation,
is guilty of an offence and liable on conviction to a term of imprisonment and a fine.
- UNSCR 1718 (2006)
As the original EU Council Regulation has been subject of various amendments, the individual amending EU Regulations and the latest consolidated version of the original EU Council Regulation can be found on the EUR-Lex website.
To view the latest consolidated version using this website enter the number of the Regulation you wish to view into the search bar. This should bring up the relevant Regulation as the top search hit. Then click on the date which is hyperlinked after ‘Latest consolidated version’.
- EU Legislation (Sanctions – North Korea) (Jersey) Order 2017
- Sanctions and Asset-Freezing (General Provisions) (Jersey) Order 2019
- Sanctions and Asset-Freezing (Jersey) Law 2019
Useful information is provided on gov.uk regarding Financial sanctions, North Korea