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.

 

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 and 2375.

 

Form of the Sanctions

Travel bans

Asset freezes

Arms and related material embargo

Export ban on luxury goods

Export ban of textiles from North Korea

Coal and minerals ban

Fuel ban

Export ban of condensates and natural gas

Ban on all refined petroleum products

Restriction on the supply, sell, or transfer of crude oil

Seafood ban

Ban on North Korean workers abroad

Other bans: statues, new helicopters and vessels

Financial prohibitions

Non-proliferation measure

Proliferation networks measure

Interdiction and transportation 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

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

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

 

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 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, and imposes an oil export ban to North Korea.

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.

 

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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