Article 12A Claims for indemnity or under contractF1
No claim in connection with any contract or transaction, the performance of which has been affected, directly or indirectly, in whole or in part, by this Order shall be enforced if it is made by—
a person listed in Annex IV or V to the Council Regulation;
a person incorporated or constituted under the law of North Korea;
the Government of North Korea, its public bodies, corporations and agencies;
a person acting on behalf of a designated person; or
a person acting on behalf of or at the direction of a person falling within sub-paragraph (a), (b), (c) or (d).
Paragraph (1) applies in particular to any claim for indemnity or any other claim of this type, such as a claim for compensation or a claim under guarantee (including a financial guarantee or indemnity).
In any proceedings for the enforcement of such a claim, the burden of proof that the claim is not prohibited is on the person seeking to enforce that claim.