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Article 10K Offences related to the leasing, chartering, insuring and registering of vessels and the provision of crew servicesF1F2F8

(F31)

A person “P” commits an offence if P leases or charters a vessel or aircraft, or provides crew services, with knowledge or reasonable cause to suspect that the lease, charter or provision of crew services is to—

(a)

North Korea;

(b)

a person listed in Annex XIII, XV, XVI or XVII to the Council Regulation;

(c)

a North Korean entity;

(d)

a person who has assisted in violating the provisions of United Nations Security Council resolutions referred to in Article F443(1)(a) of the Council Regulation; or

(e)

a person acting on behalf of or at the direction of—

(i)

a person referred to in subparagraph (a), (b), (c) or (d); or

(ii)

an entity owned or controlled by a person referred to in subparagraph (a), (b), (c) or (d).

(2)

A person (“P”) commits an offence if P owns, leases, F5charters, insures, operates, or provides vessel classification services or associated services to a vessel which P knows or has reasonable cause to suspect is flagged to North Korea.

(F63)

A person (“P”) commits an offence if P registers or maintains on a register a vessel which P knows or has reasonable cause to suspect is owned, controlled or operated by North Korea or North Korean nationals.

(F74)

A person (“P”) commits an offence if P registers or maintains on a register a vessel which P knows or has reasonable grounds to suspect has been de-registered by another State pursuant to paragraph 24 of United Nations Security Council resolution 2321 of 30th November 2016, paragraph 8 of United Nations Security Council resolution 2375 of 11th September 2017, or paragraph 12 of United Nations Security Council resolution 2397 of 22nd December 2017.

(5)

A person (“P”) commits an offence if P provides insurance or re-insurance services to a vessel that P knows, or has reasonable cause to suspect, is owned, controlled, or operated by North Korea.

(6)

A person (“P”) commits an offence if P provides insurance or re-insurance services to a vessel that P knows, or has reasonable cause to suspect, has been involved in activities, or the transport of items, prohibited by this Order or to a vessel that is listed in Annex XVIII of the Council Regulation.

(7)

A person (“P”) commits an offence if P provides vessel classification services to a vessel which P knows or has reasonable grounds to suspect has been involved in activities, or the transport of items, prohibited by this Order or to a vessel that is listed in Annex XVIII of the Council Regulation.

(8)

A person (“P”) commits an offence if P registers or maintains on a register a vessel which P knows or has reasonable grounds to suspect has been involved in activities, or the transport of items, prohibited by this Order or to a vessel that is listed in Annex XVIII to the Council Regulation.

(9)

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. 10K(1) substituted (13.12.2017) by The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2017 (S.I. 2017/1108), arts. 1(1), 5(1)(a)

F4

Word in art. 10K(1)(d) substituted (22.5.2018) by The Democratic People's Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2018 (S.I. 2018/524), arts. 1(1), 5(a)

F5

Word in art. 10K(2) inserted (13.12.2017) by The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2017 (S.I. 2017/1108), arts. 1(1), 5(1)(b)

F6

Art. 10K(3)-(6) substituted for art. 10K(3)-(5) (13.12.2017) by The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2017 (S.I. 2017/1108), arts. 1(1), 5(1)(c)

F7

Art. 10K(4)-(9) substituted for art. 10K(4)-(6) (22.5.2018) by The Democratic People's Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2018 (S.I. 2018/524), arts. 1(1), 5(b)

F8

Art. 10K heading 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), 8(a)