# The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2012, Article 11: Licences granted by the Governor

Extent: E+W+S+N.I.

(1) The Governor may, with the consent of the Secretary of State, grant a licence authorising an activity that would otherwise be prohibited under article 4, 7, 7A, 8, 9, 10, 10J, 10K, 10KA, 10M, 10N, 10P, 10Q, 10R, 10S, 10T or 10U.
(2) A person is not guilty of an offence under article 4, 7, 7A, 8, 9, 10, 10J, 10K(1), (2), (3), (5), (6), (7) and (8), 10KA, 10M, 10N, 10P, 10Q, 10R, 10S, 10T or 10U in respect of anything done by the person under the authority of a licence granted by the Governor.
(3) A licence may, in particular, relate to—
(a) non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the European Union and its member States in North Korea;
(b) payment of basic expenses of designated persons and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines, medical treatment, taxes, insurance premiums and public utility charges;
(c) payment of reasonable professional fees and expenses associated with the provision of legal services;
(d) payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;
(e) payment of necessary extraordinary expenses;
(f) satisfaction of a judicial, administrative or arbitral decision or judgment rendered before the designated person was so designated, provided it is not for the benefit of a designated person;
(g) the purchase, import or transfer of coal provided that the Governor has determined on the basis of credible information that—
(i) the shipment originated outside of North Korea and was transported through North Korea solely for export from the Port of Rajin (Rason), and
(ii) the transactions are unrelated to generating revenue for North Korea’s nuclear or ballistic missile programmes or other activities prohibited by this Order.
(h) transactions that the Governor has determined to be exclusively for livelihood purposes and unrelated to generating revenue for North Korea’s nuclear or ballistic missile programmes or other activities prohibited by this Order;
(i) goods which do not relate to the production, development, maintenance or use of military goods, or the maintenance of military personnel, and which the Governor has determined would not directly contribute to the development of the operational capabilities of armed forces of North Korea, or support or enhance the operational capabilities of the armed forces of a State other than North Korea;
(j) goods which the Governor has determined are exclusively for either humanitarian or livelihood purposes which will not be used by North Korean persons to generate revenue, and are not related to any activity prohibited by this Order;
(k) aviation fuel which the Governor has determined to be for verified essential humanitarian needs;
(l) funds and economic resources which the Governor has determined are required for the delivery of humanitarian assistance, denuclearisation or any purpose consistent with the objectives of United Nations Security Council resolution 2270 of 2nd March 2016; or
(m) the owning, leasing, operating, chartering or provision of vessel classification services or associated services ...;
(ma) the registration, or maintenance on the register, of a vessel ...;
(mb) the provision of insurance or reinsurance services to a vessel;
(n) payment by a designated person due under a contract, agreement or obligation that was concluded or arose before the designated person was so designated provided that the Governor has determined—
(i) the contract is not related to any item, operation, service or transaction referred to in article 7(1), (3) or (5) as regards restricted goods, article 8 or article 9, and
(ii) the payment is not directly or indirectly for the benefit of a person listed in Annex V to the Council Regulation;
(o) access to ports for humanitarian or other purposes consistent with the objectives of the United Nations Security Council resolutions referred to in paragraph 6 of United Nations Security Council resolution 2371 of 5 August 2017;
(p) payment or a transaction of a similar nature to satisfy a claim against North Korea, its nationals or persons incorporated under the law of North Korea, provided that the Governor has determined that the payment or transaction does not contribute to activities prohibited by this Order;
(q) a transaction in excess of EUR15,000 or equivalent, provided that the Governor is satisfied that the transaction falls within article 10P(5);
(r) a transaction in respect of luxury goods referred to in point 17 of Annex III to the Council Regulation, provided that the Governor has determined that the goods are for humanitarian purposes;
(s) sale, supply, transfer or export of restricted goods, provided that the Governor has determined that the goods are for food, agricultural, medical or other humanitarian purposes; and
(t) assistance in respect of restricted goods, provided that the Governor has determined that the goods are for food, agricultural, medical or other humanitarian purposes.
(u) the provision of insurance or reinsurance services to vessels owned, controlled, or operated by North Korea, provided that the Governor is satisfied the vessel is engaged in activities exclusively for humanitarian purposes, or exclusively for livelihood purposes and will not be used by North Korean persons to generate revenue;
(v) the opening or retaining of one bank account per North Korean diplomatic mission, consular post, or one of their members, provided that the mission or post is hosted in the United Kingdom and does not hold any other bank account in the territory of the European Union or any of the Territories listed in Schedule 1;
(w) any activity that the Governor is satisfied is necessary to facilitate the work of international or non-governmental organisations carrying out assistance and relief activities in North Korea for the benefit of the civilian population of North Korea or for any purpose consistent with the objectives of the following United Nations Security Council resolutions—
(i) 1718 adopted on 14 October 2006,
(ii) 1874 adopted on 12 June 2009,
(iii) 2087 adopted on 22 January 2013,
(iv) 2094 adopted on 7 March 2013,
(v) 2270 adopted on 2 March 2016,
(vi) 2321 adopted on 30 November 2016,
(vii) 2356 adopted on 2 June 2017 ,
(viii) 2371 adopted on 5 August 2017, ...
(ix) 2375 adopted on 11 September 2017 , or
(a) 2397 adopted on 22 December 2018;
(x) access to a port that the Committee has directed the vessel to enter.
(y) the provision of services falling within paragraph (2) of article 10T which the Governor has determined are to be used exclusively for development purposes directly addressing the needs of the civilian population or the promotion of denuclearisation; ...
(z) the provision of computer and related services falling within paragraph 2 of Article 10U which the Governor has determined are to be provided exclusively for development purposes directly addressing the needs of the civilian population or the promotion of denuclearisation ; ...
(z1) the sale, supply, transfer or export of refined petroleum products which the Governor has determined to be exclusively for livelihood purposes of the civilian population of North Korea and which satisfy the requirements of the Council Resolution; or
(z2) the sale, supply, transfer or export of crude oil which the Governor determines satisfies the requirements of paragraph 15 of United Nations Security Council resolution 2375 of 11 September 2017, or United Nations Security Council resolution 2397 of 22December 2017.
(4) A licence must specify the acts authorised by it and may be—
(a) general or granted to a category of persons or to a particular person,
(b) subject to conditions, and
(c) of indefinite duration or subject to an expiry date.
(5) The Governor may, with the consent of the Secretary of State, vary or revoke a licence at any time.
(6) On the grant, variation or revocation of a licence, the Governor must—
(a) in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person, and
(b) in the case of a general licence or a licence granted to a category of persons, take such steps as the Governor considers appropriate to publicise the grant, variation or revocation of the licence.
(7) Any notice to be given to a person by the Governor under paragraph (6) may be given—
(a) by posting it to the person’s last known address, or
(b) where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office in the Territory of the body or partnership.
(8) Where the Governor does not have an address in the Territory for the person, the Governor must make arrangements for the notice to be given to the person at the first available opportunity.
(9) Failing to comply with any condition in the licence is acting in a way that is not authorised by the licence unless—
(a) the licence was modified after the completion of the act authorised by the licence, and
(b) the alleged failure to comply with a condition in the licence would not have been a failure if the licence had not been so modified.
(10) It is an offence for a person to knowingly or recklessly make any statement or give any document or information which is false in a material particular for the purpose of obtaining a licence.
(11) A licence granted in connection with the application for which the false statement was made or the false document or information given is void from the time it was granted.

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Source: https://www.legislation.gov.uk/uksi/2012/3066/article/11 (the official version)
Page: https://openlegislation.uk/democratic-peoples-republic-of-korea-sanctions-overseas-territories-order-2012/article-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.