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 in extending its arms embargo to include the more extensive EU Common List of Military Equipment.

Further sanctions have been 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 were imposed in response to the North Korean ballistic missile test of December 2012.

UN Sanctions

UN sanctions are in place against North Korea, focusing on nuclear proliferation, which have provided the impetus of EU action. However, on each occasion the EU has autonomously gone beyond the requirements of the Security Council in the restrictive measures put in place.

The UN sanctions include not only a traditional arms embargo, but also an export ban on luxury goods.

Key UNSC Resolutions are 1718, 1874, 1985 and 2087.

Form of the Sanctions

Travel bans

Asset freezes

Arms embargo

Export ban on luxury goods

Criteria for Inclusion in Targeted Measures

Categories of individuals and entities targeted by the restrictive measures are:

Scientists and business leaders involved in the North Korean nuclear and/or ballistic missile projects.

North Korean financial institutions.

Political and military leaders associated with the nuclear and/or ballistic missile programmes.

Provisions in Force

Council Decision 2013/183/CFSP (OJ L 111, 22 April 2013) contains: notice to listed persons/entities bodies; arms embargo; export ban; travel restrictions; and asset freezes; further restrictions on financial relationships with North Korea

Amended by Council Decision 2014/212/CFSP (OJ L 111, 14 April 2014) amendment to lists of those persons and entities subject to restrictive measures

Amended by Council Decision 2014/700/CFSP (OJ L 293, 9 October 2014) to delete one natural person from the list, add one entity and update the identifying information for one natural person and one entity

Amended by Council Decision 2016/475 to de-list Korea National Insurance Company GmbH and list Korea National Insurance Corporation in its place, and amend the entries for 6 people said to be associated with Korea National Insurance Corporation

Amended by Council Decision 2016/476 to implement the remainder of the wide-ranging new UN sanctions on North Korea

Council Regulation (EC) No 329/2007 (OJ L 88, 29 March 2007)

  • Contains: notice to listed persons/entities bodies; export ban; and asset freezes

Amended by Council Regulation (EU) No 1283/2009 (OJ L 346, 22 December 2009) trade ban on goods/technology that could contribute to weapons of mass destruction programme; prior information required on cargoes both to and from North Korea; amendment to asset freezes; list of goods and technologies subject to import/export ban

Amended by Council Regulation (EU) No 567/2010 (OJ L 163, 29 June 2010) further goods subject to import/export ban

Amended by Commission Implementing Regulation (EU) No 1355/2011 (OJ L 338, 20 December 2011) list of persons and entities subject to restrictive measures

Amended by Commission Implementing Regulation (EU) No 137/2013 (OJ L 46, 18 February 2013) amendment to both the list of competent authorities as well as the list of persons and entities subject to restrictive measures

Amended by Council Regulation (EU) No 296/2013 (OJ L 90, 26 March 2013) amendment to the scope of import/export bans; restrictions on financial relationships with North Korean institutions; amendment to the listing criteria; list of goods/technologies subject to trade bans (including luxury goods)

Amended by Commission Implementing Regulation (EU) No 370/2013 (OJ L 111, 22 April 2013) amendment to list of persons and entities subject to restrictive measures

Amended by Council Regulation (EU) No 517/2013 (OJ L 158, 13 May 2013) enlargement of competent authorities

Amended by Council Regulation (EU) No 696/2013 (OJ L 198, 22 July 2013) exception to import/export ban on goods and technology; prior information requirement on cargos to/from North Korea; restriction on access to EU ports for North Korean ships; amendment to restrictions on financial relationships with North Korean institutions

Amended by Commission Regulation (EU) No 386/2014 (OJ L 111, 14 April 2014) amendment to list of persons and entities subject to restrictive measures

Amended by Commission Implementing Regulation (EU) No 1059/2014 (OJ L 293, 9 October 2014) to delete one natural person from the list, add 1 entity and update the identifying information for four natural persons and 12 entities

Amended by Commission Implementing Regulation (EU) 2015/1062 to list Korea National Insurance Company and 6 of its senior employees

Amended by Council Regulation 2016/465 to add a derogation for dealing with Korea National Insurance Corporation

Amended by Commission Implementing Regulation (EU) 2016/659 amending Council Regulation (EC) 329/2007 to de-list Korea National Insurance Company GmbH and list Korea National Insurance Corporation in its place, and amend the entries for 6 people said to be associated with Korea National Insurance Corporation

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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