OpenLegislation

Article 7 Offences related to the movement of certain itemsF1F31

United Kingdom

(1)

It is an offence for a person to knowingly sell, supply, transfer or export (directly or indirectly) restricted goods—

(a)

to any person in North Korea; or

(b)

for use in North Korea.

(2)

It is an offence for a person to knowingly sell, supply or transfer or export (directly or indirectly) luxury goods F2, aviation fuel, F3... helicopters and vessels F4, condensates and natural gas liquids, refined petroleum products F5, crude oil F6, or industrial machinery, transportation vehicles, and iron, steel and other metals—

(a)

to any person in North Korea; or

(b)

for use in North Korea.

(3)

F7It is an offence for a person to knowingly obtain from North Korea—

(a)

coal, iron and iron ore;

(b)

gold and ores;

(c)

luxury goods; F8...

(d)

petroleum products F9;

(F10e)

copper, nickel, silver and zinc; F11...

(f)

statues F12;

(F13g)

seafood; F14...

(h)

lead and lead ore F15; F16...

(F17i)

textiles F18;

(F19j)

earth and stone, including magnesite and magnesia;

(k)

food and agricultural products;

(l)

machinery and electrical equipment;

(m)

ships, boats and floating structures; or

(n)

wood,

regardless of whether the goods originated in North Korea.

(3A)

Paragraphs (2) and (3) in relation to luxury goods do not apply to—

(a)

personal effects of a person travelling to or from North Korea;

(b)

goods of a non-commercial nature for personal use contained in the luggage of a person travelling to or from North Korea;

(c)

goods necessary for the official purposes of diplomatic or consular missions in North Korea or the personal effects of their staff; or

(d)

goods necessary for the official purposes of international organisations enjoying immunities in North Korea in accordance with international law or the personal effects of their staff.

(4)

It is an offence for a relevant person to knowingly use a ship, aircraft or vehicle falling within paragraph (7) for the carriage of restricted goods, luxury goods F20, aviation fuel, F21... helicopters and vessels F22, condensates and natural gas liquids, refined petroleum products, F23... crude oil, F24or industrial machinery, transportation vehicles, and iron, steel and other metals, if the carriage is, or forms part of, carriage from any place outside North Korea to any destination in North Korea.

(5)

It is an offence for a relevant person to knowingly use a ship, aircraft or vehicle falling within paragraph (7) for the carriage of restricted goods, coal, iron and iron ore F25, gold and ores, copper, nickel, silver and zinc, F26... statues, F27seafood, lead and lead ore F28, textiles, F29earth and stone, including magnesite and magnesia, food and agricultural products, machinery and electrical equipment, ships, boats and floating structures or wood, if the carriage is, or forms part of, carriage from any place in North Korea to any destination outside North Korea.

(6)

Paragraphs (2) and (4) do not apply in relation to the sale or supply of aviation fuel to civilian passenger aircraft outside North Korea exclusively for consumption during its flight to North Korea and its return to the airport of origin F30, or with respect to the provision of spare parts necessary to maintain the safe operation of North Korean commercial civilian passenger aircraft.

(7)

The following fall within this paragraph—

(a)

a ship, aircraft or vehicle within the Territory;

(b)

a ship or aircraft registered in the Territory; or

(c)

any other ship or aircraft that is for the time being chartered to a person mentioned in article 2(1)(a) or (b).

(8)

Paragraphs (4) and (5) are without prejudice to any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.

(9)

Schedule 2 (which contains provision about customs powers and investigations in relation to offences under this article and article 7A) has effect.

(10)

This article is subject to articles 11 and 12.

Annotations

Textual amendments

F1

Arts. 7, 7A substituted for art. 7 (10.6.2016) by The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2016 (S.I. 2016/630), arts. 1(1), 5

F2

Words in art. 7(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), 4(b)

F3

Word in art. 7(2) omitted (21.12.2017) by virtue of The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 4) Order 2017 (S.I. 2017/1277), arts. 1(1), 4(b)(i)

F4

Words in art. 7(2) inserted (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), 4(b)(ii)

F5

Art. 7(2): comma substituted for word (22.5.2018) by The Democratic People's Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2018 (S.I. 2018/524), arts. 1(1), 4(a)(i)

F6

Words in art. 7(2) inserted (22.5.2018) by The Democratic People's Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2018 (S.I. 2018/524), arts. 1(1), 4(a)(ii)

F7

Art. 7(3)-(5) 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), 5

F8

Word in art. 7(3)(c) deleted (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), 4(1)(a)

F9

Comma in art. 7(3)(d) substituted (13.12.2017) by virtue ofThe Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2017 (S.I. 2017/1108), arts. 1(1), 4(1)(b)

F10

Art. 7(3)(e)(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), 4(c)

F11

Word in art. 7(3)(e) deleted (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), 4(1)(c)

F12

Full stop in art. 7(3)(f) substituted (13.12.2017) by virtue of The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2017 (S.I. 2017/1108), arts. 1(1), 4(1)(d)

F13

Art. 7(3)(g)(h) 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), 4(1)(e)

F14

Word in art. 7(3)(g) omitted (21.12.2017) by virtue of The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 4) Order 2017 (S.I. 2017/1277), arts. 1(1), 4(c)(i)

F15

Word in art. 7(3)(h) 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), 4(c)(ii)

F16

Word in art. 7(3)(h) omitted (22.5.2018) by virtue of The Democratic People's Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2018 (S.I. 2018/524), arts. 1(1), 4(b)(i)

F17

Art. 7(3)(i) inserted (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), 4(c)(iii)

F18

Art. 7(3)(i): semicolon substituted for comma (22.5.2018) by The Democratic People's Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2018 (S.I. 2018/524), arts. 1(1), 4(b)(ii)

F19

Art. 7(3)(j)-(n) inserted (22.5.2018) by The Democratic People's Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2018 (S.I. 2018/524), arts. 1(1), 4(b)(iii)

F20

Words in art. 7(4) 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), 4(d)

F21

Word in art. 7(4) omitted (21.12.2017) by virtue of The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 4) Order 2017 (S.I. 2017/1277), arts. 1(1), 4(d)(i)

F22

Words in art. 7(4) inserted (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), 4(d)(ii)

F23

Word in art. 7(4) omitted (22.5.2018) by virtue of The Democratic People's Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2018 (S.I. 2018/524), arts. 1(1), 4(c)(i)

F24

Words in art. 7(4) inserted (22.5.2018) by The Democratic People's Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2018 (S.I. 2018/524), arts. 1(1), 4(c)(ii)

F25

Words in art. 7(5) 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), 4(e)

F26

Word in art. 7(5) omitted (21.12.2017) by virtue of The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 4) Order 2017 (S.I. 2017/1277), arts. 1(1), 4(e)(i)

F27

Words in art. 7(5) inserted (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), 4(e)(ii)

F28

Art. 7(5): comma substituted for word (22.5.2018) by The Democratic People's Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2018 (S.I. 2018/524), arts. 1(1), 4(d)(i)

F29

Words in art. 7(5) inserted (22.5.2018) by The Democratic People's Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2018 (S.I. 2018/524), arts. 1(1), 4(d)(ii)

F30

Words in art. 7(6) inserted (22.5.2018) by The Democratic People's Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2018 (S.I. 2018/524), arts. 1(1), 4(e)

F31

Words in art. 7 heading 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), 4(a)