OpenLegislation

Article 10J Offences related to the provision of access to portsF1F2

(F31)

It is an offence for a person (“P”) to provide access to ports in the Territory to any vessel that P knows or has reasonable cause to suspect—

(a)

F4is owned, operated, crewed or flagged by North Korea;

(b)

is owned or controlled directly or indirectly by a person listed in F5Annex XIII, XV, XVI, or XVII to the Council Regulation;

(c)

contains restricted goods, luxury goods, aviation fuel, gold and ores, coal, iron and iron ore, petroleum products or any other goods prohibited under this Order;

(d)

has refused to be inspected for carriage of goods prohibited by this Order after such inspection has been authorised by the vessel’s flag State; or

(e)

is without nationality and has refused to be inspected for carriage of goods prohibited by this Order.

(F6f)

is a designated vessel that the Committee has required be denied access to the ports of United Nations Member States.

(2)

F7Paragraph (1) does not apply if—

(a)

access to a port is needed by the vessel in the case of emergency;

(b)

in the case of a vessel referred to in paragraph (1)(a) to (e), the vessel is coming into port for inspection; or

(c)

the vessel is returning to its port of origin.

(3)

This article is subject to articles 11 and 12.

Annotations

Textual amendments

F1

Pt. 2A inserted (7.8.2013) by The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2013 (S.I. 2013/1718), arts. 1(2), 8

F2

Art. 10C-10K substituted for art. 10C-10F (10.6.2016) by The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2016 (S.I. 2016/630), arts. 1(1), 8

F3

Art. 10J substituted (10.8.2016) by The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) ( No. 2) Order 2016 (S.I. 2016/769), arts. 1(1), 8

F4

Art. 10J(1)(a) substituted (9.11.2016) by The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2016 (S.I. 2016/991), arts. 1(1), 4

F5

Words in art. 10J(1)(b) substituted (21.12.2017) by The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 4) Order 2017 (S.I. 2017/1277), arts. 1(1), 6

F6

Art. 10J(1)(f) inserted (5.4.2017) by The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2017 (S.I. 2017/320), arts. 1(1), 6(a)

F7

Art. 10J(2) substituted (5.4.2017) by The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2017 (S.I. 2017/320), arts. 1(1), 6(b)