Citation, commencement, interpretation and extent

1.-(1) This Order may be cited as the North Korea and Iran (United Nations Sanctions) (Amendment) Order 2016 and comes into force on 14th December 2016.

(2) In this Order-

"the North Korea Order" means the North Korea (United Nations Sanctions) Order 2009(2); and

"the Iran Order" means the Iran (United Nations Sanctions) Order 2009(3).

(3) This Order extends to the United Kingdom.

Amendment of the North Korea Order

2.  The North Korea Order is amended in accordance with articles 3 to 19.

3.  In article 2-

(a)insert in the appropriate places-

""aviation fuel" means items listed in Annex Ie to the Council Regulation;",

""coal, iron and iron ore" means items listed in Annex Id to the Council Regulation;",

""the Council Regulation" means Council Regulation (EC) No. 329/2007 of 27 March 2007 concerning restrictive measures against the Democratic People's Republic of Korea(4), as amended from time to time;",

""gold and ores" means items listed in Annex Ic to the Council Regulation;",

""luxury goods" means luxury goods listed in Annex IV to United Nations Security Council Resolution 2087 adopted on 7th March 2013 and Annex IV to United Nations Security Council Resolution 2270 adopted on 2nd March 2016;",

""relevant person"-

""United Kingdom ship" means a ship which-

(b)in the definition of "WMD goods", for "paragraph 8(a)(ii) of resolution 1718 adopted by the United Nations Security Council on 14 October 2006 or pursuant to paragraph 23 of resolution 1874 adopted by the Security Council on 12 June 2009 or as provided in paragraph 24 of resolution 1874" substitute "the provisions of paragraph 8(a), 8(b) and 8(c) of resolution 1718 adopted by the United Nations Security Council on 14th October 2006 or pursuant to the provisions of resolution 2087 adopted by the United Nations Security Council on 22nd January 2013 or pursuant to the provisions of resolution 2270 adopted by the United Nations Security Council on 2nd March 2016".

4.  Omit the general headings above article 3, article 4, article 6 and article 7.

5.  For article 3, substitute-

"Use of ships, aircraft and vehicles: carriage of goods to North Korea

3.-(1) Except under the authority of a licence granted by the Secretary of State under this article, it is an offence for a relevant person to knowingly use a ship, aircraft or vehicle falling within paragraph (2) for the carriage of goods to which this article applies if the carriage is, or forms part of, carriage from any place outside North Korea to any destination in North Korea.

(2) The following fall within this paragraph-

(a)a ship, aircraft or vehicle within the United Kingdom;

(b)an aircraft registered in the United Kingdom; and

(c)any other ship or aircraft that is for the time being chartered to a person who is listed in article 1(3)(a) or (b).

(3) The goods to which this article applies are-

(a)military goods;

(b)WMD goods;

(c)luxury goods;

(d)aviation fuel; or

(e)any other goods, excluding food and medicine, which the relevant person has been informed by the Secretary of State could contribute to the development of the operational capabilities of armed forces of North Korea.

(4) This article is without prejudice to any other provision of law prohibiting or restricting the use of a ship, aircraft or vehicle.

(5) Paragraph (1) does not apply-

(a)in relation to the carriage of aviation fuel for civilian aircraft outside North Korea exclusively for consumption during the aircraft's flight to North Korea and its return flight; or

(b)where the supply, delivery or exportation from the United Kingdom of the goods concerned to North Korea was authorised by a licence or authorisation granted by the Secretary of State under any other enactment or instrument.".

6.  Omit article 4.

7.  For article 5, substitute-

"Use of ships, aircraft and vehicles: carriage of goods from North Korea

5.-(1) Except under the authority of a licence granted by the Secretary of State under this article, it is an offence for a relevant person to knowingly use a ship, aircraft or vehicle falling within article 3(2) for the carriage of goods to which this article applies if the carriage is, or forms part of, carriage from any place in North Korea to any destination outside North Korea.

(2) The goods to which this article applies are-

(a)military goods;

(b)WMD goods;

(c)coal, iron and iron ore;

(d)gold and ores; or

(e)any other goods, excluding food and medicine, which the relevant person has been informed by the Secretary of State could contribute to the development of the operational capabilities of armed forces of North Korea.

(3) Paragraph (1) does not apply where the procurement of the goods concerned was authorised by a licence or authorisation granted by the Secretary of State under any other enactment or instrument.

(4) This article is without prejudice to any other provision of law prohibiting or restricting the use of a ship, aircraft or vehicle.".

8.  For article 6, substitute-

"Services to North Korean ships

6.-(1) Except under the authority of a licence granted by the Secretary of State under this article, a person ("P") commits an offence if P provides ship supply services to any ship which P knows or has reasonable cause to suspect is-

(a)registered in North Korea; and

(b)is carrying military goods, WMD goods or luxury goods.

(2) Except under the authority of a licence granted by the Secretary of State under this article, a person ("P") commits an offence if P-

(a)owns, leases, operates or insures; or

(b)provides certification or classification services, or associated services, to

a ship which P knows or has reasonable cause to suspect is registered in North Korea.".

9.  After article 6, insert-

"Leasing, chartering or provision of crew services

6A.  Except under the authority of a licence granted by the Secretary of State under this article, a person ("P") commits an offence if P leases or charters a ship or aircraft, or provides crew services, with knowledge or reasonable cause to suspect that the lease, charter or provision of crew services is to-

(a)North Korea;

(b)a person listed in Annex IV to the Council Regulation; or

(c)any person acting on behalf of, or at the direction of, North Korea or a person listed in Annex IV to the Council Regulation.

Registration of ships

6B.  Except under the authority of a licence granted by the Secretary of State under this article, it is an offence for a person to knowingly register a ship to North Korea or to obtain authorisation for a ship to use the flag of North Korea.

Access to ports

6C.-(1) Except under the authority of a licence granted by the Secretary of State under this article, it is an offence for a person ("P") to provide access to ports in the United Kingdom to any ship that P knows or has reasonable cause to suspect-

(a)is owned or controlled directly or indirectly by a person listed in Annex IV to the Council Regulation;

(b)is carrying goods listed in article 3(3) to North Korea; or

(c)is carrying goods listed in article 5(2) from North Korea.

(2) Paragraph (1) does not apply if-

(a)access to a port is needed by the ship in a case of emergency;

(b)the ship is coming into port for inspection; or

(c)the ship is returning to its port of origin.".

10.  For paragraphs (1) and (2) of article 8, substitute-

"(1) An authorised officer who has reasonable grounds to suspect that the cargo of any ship contains goods listed in article 3(3) may exercise the powers set out in Part 1 of Schedule 3 for the purpose of investigating, preventing or suppressing the commission of an offence under article 3(1).

(1A) An authorised officer who has reasonable grounds to suspect that the cargo of any ship contains goods listed in article 5(2) may exercise the powers set out in Part 1 of Schedule 3 for the purpose of investigating, preventing or suppressing the commission of an offence under article 5(1).

(2) Those powers are exercisable in relation to-

(a)any ship in the territory of the United Kingdom, including the territorial sea adjacent to the United Kingdom;

(b)any United Kingdom ship where it is seaward of the limits of the territorial sea of any state; and

(c)any United Kingdom ship, not being a ship falling within paragraph (2)(a) or (b) above, with authority of the Secretary of State in accordance with article 8B.".

11.  In article 8A(1), for "article 8(1)" substitute "article 8(1) or (1A)".

12.  In article 9(1), for "in contravention of article 3(1) or 5(1)" substitute "to commit an offence under article 3(1) or 5(1)".

13.  In article 10(1), for "in contravention of article 3(1) or 5(1)" substitute "to commit an offence under article 3(1) or 5(1)".

14.  In article 13(1)(a), for "article 3(3) or 5(3)" substitute "article 3(1) or 5(1)".

15.  In article 14(1), for "article 3(3), 4(3), 5(3) or 6(3)" substitute "article 3(1), 5(1), 6(1), 6(2), 6A, 6B or 6C(1)".

16.  In paragraph 3 of Schedule 3 for "article 3(3) or 5(3)" substitute "article 3(1) or 5(1)".

17.  For paragraph 4 of Schedule 3 substitute-

"4.  If an authorised officer identifies on the ship any goods the carriage of which to North Korea constitutes an offence under article 3(1) or the carriage of which from North Korea constitutes an offence under article 5(1), the authorised officer may seize the goods, detain them and dispose of them, either by destroying them or in such other manner as the authorised officer may decide.".

18.  In paragraph 12(4)(a) of Schedule 3 for "article 3(3) or 5(3)" substitute "article 3(1) or 5(1)".

19.  For Schedule 4 substitute-

"SCHEDULE 4Lists of WMD goods prohibited from being supplied to or procured from North Korea pursuant to Security Council resolution 1718 (2006), Security Council resolution 2087 (2013) and Security Council resolution 2270 (2016)

Amendment of the Iran Order

20.  The Iran Order is amended in accordance with articles 21 and 22.

21.  In article 2, in the definition of "Council Regulation"(6), after "Iran" insert ", as amended from time to time".

22.  In article 4B(7), for paragraph (3) substitute-

"(3) A person is not guilty of an offence under article 4(1) or 4A(1) where the procurement, supply, delivery or exportation of the goods was authorised by a licence or authorisation granted by the Secretary of State under any other enactment or instrument.".

EXPLANATORY NOTE

(This note is not part of the Order)

Articles 3 to 19 of this Order amend the North Korea (United Nations Sanctions) Order 2009 (S.I. 2009/1749), as amended, giving effect to certain aspects of further United Nations sanctions imposed against North Korea by the United Nations Security Council in resolution 2270, adopted on 2nd March 2016.

In particular, this Order amends the offences related to carriage of goods to and from North Korea, and broadens the categories of goods to which offences apply. It also broadens the offences under the Order in relation to supplying services to North Korean ships. New offences are created in respect of leasing, chartering or provision of crew services, registration of ships, and access to ports.

Articles 21 and 22 of this Order make minor amendments to provisions of the Iran (United Nations Sanctions) Order 2009 (S.I. 2009/886), which were inserted by S.I. 2016/378. As these articles rectify omissions in S.I. 2016/378, this Order is being issued free of charge to recipients of S.I. 2016/378.