UN extends sanctions against North Korea
As a result of the recent nuclear and missiles tests carried out by the Democratic People’s Republic of Korea (“North Korea”), the United Nations Security Council has today passed UN Security Council resolution 2270 (2016), imposing further and tougher sanctions on North Korea.
The purpose of these new sanctions is to seek to persuade North Korea to abandon its nuclear and ballistic missile programmes and they represent the harshest sanctions to have been imposed on North Korea in 20 years.
The resolution imposes the following requirements and restrictions:
1. Imposes cargo inspections on all cargo going to or from North Korea by sea or air, or which has been brokered or facilitated by North Korea or its nationals, or which is being transported on North Korean flagged aircraft or maritime vessels;
2. Prohibits North Korea or its nationals from chartering aircraft or maritime vessels, and prohibits member states or its nationals from providing crew services to North Korea;
3. Requires member states to de-register vessels owned, operated or crewed by North Korea and prohibit their nationals from registering vessels in North Korea or providing any services to such vessels;
4. Prohibits member states from allowing aircraft to land or allowing vessels entry to its ports if there are reasonable grounds to believe that said aircraft or vessels is in breach of UN sanctions;
5. Prohibits any other items or transactions aimed at funding its nuclear or ballistic missile programmes or any other activities contrary to UN sanctions;
6. Prohibits North Korea from exporting coal, iron and iron ore when such exports are aimed to generate revenue for North Korea’s nuclear or ballistic missile programmes or other activities prohibited by UN sanctions;
7. Prohibits North Korea from exporting gold, titanium ore, vanadium ore and rare earth minerals;
8. Prohibits the sale and supply of aviation fuel to North Korea;
9. Prohibits North Korean banks from opening new branches or offices abroad, and calls on member states to close existing offices if there are reasonable grounds to believe that these contribute to activities contrary to UN sanctions:
10. Prohibits financial institutions of member states from opening new offices, branches or banking accounts in North Korea;
11. Prohibits the sale or supply of small arms and light weapons to North Korea;
12. Reaffirms the prohibition to sell or supply luxury goods to North Korea and provides a list of such luxury goods, which includes snowmobiles, aquatic recreational vehicles, recreation sport equipment and luxury watches;
13. Extends the list of individuals subject to travel ban and asset freeze and the entities subject to asset freeze;
14. Reaffirms that the North Korean company Ocean Maritime Management (OMM) is a sanctioned entity and lists 31 vessels that are controlled or operated by OMM and therefore subject to asset freeze; and
15. Requires member states to expel North Korean diplomats or government officials engaged in activities contrary to UN sanctions;
The Security Council has called for member states to report back within ninety days of the adoption of the resolution, i.e. by 31 May 2016, on the measures taken to effectively implement the provisions of UN Security Council resolution 2270 (2016). We therefore expect the EU and US to impose similar restrictions under their respective sanctions regimes shortly.
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