North Korea

Initial Imposition of EU sanctions & Subsequent Amendments

EU sanctions were first imposed on North Korea in 2006, joining the UN in imposing measures in response to North Korea’s declaration that it had tested a nuclear explosive device.

EU sanctions, however, went beyond UNSC Resolution 1718 (2006) in extending its arms embargo to include the more extensive EU Common List of Military Equipment.

Further sanctions were imposed in June 2009 in response to nuclear tests, with the EU once again broadening both the categories of persons and entities subject to asset freezes beyond the UN listing.

Another round of sanctions was imposed in response to the North Korean ballistic missile test of December 2012.

Further sanctions were imposed following North Korea’s ballistic missile tests in July 2017 and a nuclear test in September 2017.

Following another ballistic missile test in November 2017, the UN Security Council imposed further sanctions against North Korea in December 2017. The EU has already implemented some of those sanctions, and has committed itself to a swift transposition of the remaining measures. Furthermore, the EU stated that it was likely it would adopt “additional autonomous measures”.

 

UN Sanctions

UN sanctions are in place against North Korea, focusing on nuclear proliferation, which have provided the impetus of EU action.

Key UNSC Resolutions are 1718, 1874, 2087, 2094, 2270, 2321, 2356, 2371, 2375 and 2397.

 

Form of the Sanctions

Travel bans

Asset freezes

Arms embargo

Restriction on all refined petroleum products to North Korea (capped at 500,000 barrels per 12-month period from 1 January 2018)

Restriction on crude oil to North Korea (capped at 4 million barrels per 12-month period from 22 December 2017)

Luxury goods ban

Textiles ban

Coal, minerals and sectoral bans

Seafood ban

Fuel ban (aviation, jet and rocket fuel)

Condensates and natural gas ban

Interdiction and transportation measure: member states are authorised to seize, inspect, freeze and impound any vessel in their territorial waters found to be involved in activities, or the transport of items, prohibited by the relevant UNSC resolutions

Ban on North Korean workers abroad (member states must repatriate all North Korean nationals earning income within 24 months from 22 December 2017)

Other bans: statues, new helicopters and vessels

Financial prohibitions

Non-proliferation measure

Proliferation networks measure

Prohibition on the provision of bunkering services

Requirement of specialised teaching and training

Suspension of scientific and technical cooperation

 

Criteria for Inclusion in Targeted Measures

(1) Persons or entities engaging in or providing support for, including through other illicit means, North Korea’s nuclear-related, other weapons of mass destruction-related and ballistic missile related programmes, or by persons or entities acting on their behalf or at their direction. Family members of such persons may also be designated for the travel ban.

(2) Entities and individuals that have assisted the evasion of sanctions or in violating the provisions of UNSC Resolutions 1718 (2006) and 1874 (2009).

(3) Individuals and entities that have contributed to: (i) North Korea’s prohibited programmes; (ii) activities prohibited by the resolutions; or (iii) the evasion of sanctions.

 

EU Provisions in Force

[Parent] Council Decision (CFSP) 2016/849 (OJ L 141, 28 May 2016) contains: export and import restrictions; restrictions on financial support for trade; restrictions on investment; measures on the financial and transport sectors; restrictions on admission and residence; freezing of funds and economic resources; and other restrictive measures.

Amended by Council Decision (CFSP) 2016/1341 (OJ L 212, 5 August 2016) implements parts of UNSC Resolution 2270 (2016) by adding additional goods to which prohibitions on the transfer, procurement and provision of technical assistance also apply. Also prohibits the entry into EU ports of any vessel that is owned, operated, crewed or flagged by North Korea (EU measure going further than the UNSC Resolution).

Amended by Council Decision (CFSP) 2016/2217 (OJ L 334, 9 December 2016) designates 11 individuals and 10 entities in line with UNSC Resolution 2321 (2016).

Amended by Council Decision (CFSP) 2017/82 (OJ L 12, 17 January 2017) in line with the UN Security Council, removes 5 vessels from the EU sanctions list against North Korea.

Amended by Council Decision (CFSP) 2017/345 (OJ L 50, 28 February 2017) implements the measures imposed by UNSC Resolution 2321 (2016).

Amended by Council Decision (CFSP) 2017/666 (OJ L 94, 7 April 2017) expands the prohibition on investment in and with North Korea to new sectors, namely, the conventional arms-related industry, metallurgy and metalworking, and aerospace. Furthermore, prohibits the provision of certain services to persons or entities in North Korean (EU unilateral measure).

Amended by Council Decision (CFSP) 2017/667 (OJ L 94, 7 April 2017) designates 4 individuals (EU unilateral measure).

Amended by Council Implementing Decision (CFSP) 2017/975 (OJ L 146, 9 June 2017) designates 14 individuals and 4 entities in line with UNSC Resolution 2356 (2017).

Amended by Council Decision (CFSP) 2017/994 (OJ L 149, 13 June 2017) updates the entries subject to EU sanctions against North Korea, including removing 1 individual and 1 entity form the list.

Amended by Council Decision (CFSP) 2017/1339 (OJ L 185, 18 July 2017) amends the details for 1 individual and 3 entities, as well as deleting 2 inidividuals and 1 entity from the EU sanctions list against North Korea.

Amended by Council Decision (CFSP) 2017/1512 (OJ L 224, 31 August 2017) transposes parts of UNSC Resolution 2270 (2016), and makes provision for further EU measures.

Amended by Council Decision (CFSP) 2017/1562 (OJ L 237, 15 September 2017) transposes the new measures imposed by UNSC Resolution 2371 (2017).

Amended by Council Implementing Decision (CFSP) 2017/1573 (OJ L 238, 16 September 2017) designates 1 person and 3 entities in line with UNSC Resolution 2375 (2017).

Amended by Council Decision (CFSP) 2017/1838 (OJ L 261, 11 October 2017) adopts measures to align EU with UNSC Resolution 2375 (2017).

Amended by Council Decision (CFSP) 2017/1860 (OJ LI 265, 16 October 2017) further expands the ban on EU investment in and with North Korea to all sectors, lowers the amount of personal remittances that can be sent to North Korea from EUR 15,000 to EUR 5,000, imposes an import ban of North Korean petroleum products, imposes a restriction on oil exports to North Korea, and designates 3 individuals and 6 entities.

Amended by Council Implementing Decision (CFSP) 2017/1909 (OJ L 269, 19 October 2017) designates 4 vessels in line with the UN Security Council.

Amended by Council Implementing Decision (CFSP) 2018/16 (OJ L 4, 9 January 2018) transposes part of UNSC Resolution 2397 (2017) by designating 16 individuals and 1 entity.

Amended by Council Implementing Decision (CFSP) 2018/58 (OJ L 10, 13 January 2018) designates 4 vessels in line with the UN Security Council.

Amended by Council Decision (CFSP) 2018/89 (OJ LI 16, 22 January 2018) designates 17 individuals (EU unilateral measure).

 

[Parent] Council Regulation (EU) 2017/1509 (OJ L 224, 31 August 2017) contains: export and import restrictions; restrictions on certain commercial activities; restrictions on transfers of funds and financial services; freezing of funds and economic resources; and restrictions on transport.

Amended by Council Regulation (EU) 2017/1548 (OJ L 237, 15 September 2017) transposes the new measures imposed by UNSC Resolution 2371 (2017).

Amended by Council Implementing Regulation (EU) 2017/1568 (OJ L 238, 16 September 2017) designates 1 person and 3 entities in line with UNSC Resolution 2375 (2017).

Amended by Council Regulation (EU) 2017/1836 (OJ L 261, 11 October 2017) transposes the sectoral sanctions imposed by UNSC Resolution 2375 (2017).

Amended by Council Regulation (EU) 2017/1858 (OJ L 265, 16 October 2017) further expands the ban on EU investment in and with North Korea to all sectors, lowers the amount of personal remittances that can be sent to North Korea from EUR 15,000 to EUR 5,000, imposes an import ban of North Korean petroleum products, and imposes a restriction on oil exports to North Korea.

Amended by Council Implementing Regulation (EU) 2017/1859 (OJ LI 265, 16 October 2017) designates 3 individuals and 6 entities (EU unilateral measure).

Amended by Council Implementing Regulation (EU) 2017/1897 (OJ L 269, 19 October 2017) designates 4 vessels in line with the UN Security Council.

Amended by Council Regulation (EU) 2017/2062 (OJ L 295, 14 November 2017) provides for a new list of luxury goods subject to an import and export ban.

Amended by Council Implementing Regulation (EU) 2018/12 (OJ L 4, 9 January 2018) transposes part of UNSC Resolution 2397 (2017) by designating 16 individuals and 1 entity.

Amended by Council Implementing Regulation (EU) 2018/53 (OJ L 10, 13 January 2018) designates 4 vessels in line with the UN Security Council.

Amended by Council Implementing Regulation (EU) 2018/87 (OJ LI 16, 22 January 2018) designates 17 individuals (EU unilateral measure).

 

Case Law (all actions for annulment unless otherwise specified)

No case law applicable.

One thought on “North Korea

  1. You say in respect of the DPRK that “EU sanctions, however, went beyond UNSC Resolution 1718 in extending its arms embargo to conventional weapons as well as those that could be used in a nuclear weapons programme.”

    In fact UNSCR 1718, in its list of measures at 8(a)(i), explicitly embargoed large-scale conventional weapons including “any battle tanks, armoured combat vehicles, large calibre artillery systems, combat aircraft, attack helicopters, warships, missiles or missile systems as defined for the purpose of the United Nations Register on Conventional Arms, …”

    Where EU sanctions went further than UN 1718 was to extend that list of conventional weapons to include the much broader and detailed EU Common List of Military Equipment. [ref. (EC) No. 329/2007, Article 3]

    Quentin

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