The Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019

PART 13Supplementary and final provision

Directions under Parts 7 and 8

125.—(1) Paragraphs (4) to (6) apply in relation to a direction given under Part 7 (Aircraft) or Part 8 (Ships).

(2) A direction under regulation 65(7) or (9) may be given to any airport operator or to airport operators generally.

(3) A direction under regulation 72(3) may be given to any harbour authority or to harbour authorities generally.

(4) A person to whom a direction is given has a duty to comply with it.

(5) A direction may be of indefinite duration or a defined duration.

(6) A person who gives a direction may vary, revoke or suspend it at any time.

Notices

126.—(1) This regulation applies in relation to a notice required by regulation 93 (licences: general provisions) or regulation 94 (Treasury directions: general provisions) to be given to a person.

(2) The notice may be given to an individual—

(a)by delivering it to the individual,

(b)by sending it to the individual by post addressed to the individual at his or her usual or last-known place of residence or business, or

(c)by leaving it for the individual at that place.

(3) The notice may be given to a person other than an individual—

(a)by sending it by post to the proper officer of the body at its principal office, or

(b)by addressing it to the proper officer of the body and leaving it at that office.

(4) The notice may be given to the person by other means, including by electronic means, with the person’s consent.

(5) In this regulation, the reference in paragraph (3) to a “principal office”—

(a)in relation to a registered company, is to be read as a reference to the company’s registered office;

(b)in relation to a body incorporated or constituted under the law of a country other than the United Kingdom, includes a reference to the body’s principal office in the United Kingdom (if any).

(6) In this regulation—

“proper officer”—

“registered company” means a company registered under the enactments relating to companies for the time being in force in the United Kingdom.

Article 20 of the Export Control Order 2008

127.  Article 20 of the Export Control Order 2008 (embargoed destinations) is not to be taken to prohibit anything prohibited by Part 6 (Trade).

Trade: overlapping offences

128.  A person is not to be taken to commit an offence under the Export Control Order 2008 if the person would, in the absence of this regulation, commit an offence under both—

(a)article 34, 35, 37 or 38 of that Order(1), and

(b)any provision of Part 6 (Trade) or regulation 96 (trade: licensing offences), 106(6) or 107(5) (information offences in connection with general trade licences).

Amendment of the United Nations and European Union Financial Sanctions (Linking) Regulations 2017

129.  In the Schedule to the United Nations and European Union Financial Sanctions (Linking) Regulations 2017(2), omit the following row from the table—

Revocations

130.—(1) Council Regulation (EU) No 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Regulation (EC) No 329/2007 is revoked.

(2) The North Korea (United Nations Sanctions) Order 2009(3) is revoked.

(3) The Democratic People’s Republic of Korea (European Union Financial Sanctions) Regulations 2017(4) are revoked.

(4) The Export Control (North Korea Sanctions) Order 2018(5) is revoked.

Transitional provision: Treasury licences

131.—(1) Paragraphs (2) to (5) apply to a licence or authorisation which—

(a)was granted, or deemed to be granted, by the Treasury under regulation 19 or 23 of the 2017 Regulations,

(b)was in effect immediately before the relevant date, and

(c)authorises conduct which would (on and after the relevant date, and in the absence of paragraphs (2) to (5)) be prohibited by Part 4 (Finance),

and such a licence or authorisation is referred to in this regulation as “an existing financial sanctions licence”.

(2) An existing financial sanctions licence which authorises an act which would otherwise be prohibited has effect on and after the relevant date as if it had been a licence issued by the Treasury under regulation 88(1) (Treasury licences).

(3) An existing financial sanctions licence which excepts a person from a requirement which would otherwise apply has effect on and after the relevant date as if it had been a direction issued by the Treasury under regulation 89 (Treasury directions).

(4) Any reference in an existing financial sanctions licence to the 2017 Regulations or the EU DPRK Regulation is to be treated on and after the relevant date as a reference to these Regulations.

(5) Any reference in an existing financial sanctions licence to a prohibition or requirement in—

(a)the 2017 Regulations,

(b)the EU DPRK Regulation, or

(c)Council Regulation (EC) No 329/2007 of 27 March 2007(6),

is to be treated on and after the relevant date as a reference to the corresponding prohibition or requirement in Part 4.

(6) Paragraph (7) or (8) applies where—

(a)an application for a licence or authorisation, or for the variation of a licence or authorisation, under the 2017 Regulations was made before the relevant date,

(b)the application is for authorisation of conduct which would (on and after the relevant date) be prohibited by Part 4, and

(c)a decision to grant or refuse the application has not been made before the relevant date.

(7) If the application is for, or for the variation of, a licence or authorisation to authorise an act which would otherwise be prohibited, the application is to be treated on and after the relevant date as an application for a licence, or for the variation of a licence (as the case may be), under regulation 88(1).

(8) If the application is for, or for the variation of, a licence to except a person from a requirement which would otherwise apply, the application is to be treated on and after the relevant date as an application for a direction, or for the variation of a direction (as the case may be), under regulation 89.

(9) In this regulation—

“the 2017 Regulations” means the Democratic People’s Republic of Korea (European Union Financial Sanctions) Regulations 2017;

“the relevant date” means—

(10) In paragraphs (4) and (5), a reference to the 2017 Regulations includes a reference to the Democratic People’s Republic of Korea (European Union Financial Sanctions) Regulations 2013(7).

Transitional provision: trade licences

132.—(1) Paragraph (2) applies in relation to each licence or authorisation granted by the Secretary of State which—

(a)was in effect immediately before the relevant date, and

(b)authorises an act—

(i)which would otherwise be prohibited by any provision of the Export Control Order 2008 except article 20 of that Order (embargoed destinations), or which requires an authorisation under or pursuant to the Dual-Use Regulation, and

(ii)which would (on and after the relevant date, and in the absence of paragraph (2)) be prohibited by Part 6 (Trade),

and such a licence or authorisation is referred to in this regulation as an “existing trade licence”.

(2) A licence is deemed to have been issued by the Secretary of State at the beginning of the relevant date under regulation 90 (trade licences)—

(a)disapplying every provision of Part 6 which would, in the absence of this paragraph, prohibit any act authorised by the existing trade licence, and

(b)otherwise in the same terms as the existing trade licence.

(3) Paragraphs (4) to (6) apply to a licence or authorisation granted by the Secretary of State which—

(a)was in effect immediately before the relevant date,

(b)is not an existing trade licence, and

(c)authorises an act—

(i)which would otherwise be prohibited by the EU DPRK Regulation, and

(ii)which would (on and after the relevant date, and in the absence of paragraphs (4) to (6)) be prohibited by Part 6,

and such a licence or authorisation is referred to in this regulation as “an existing trade sanctions licence”.

(4) An existing trade sanctions licence has effect on and after the relevant date as if it were a licence which had been issued by the Secretary of State under regulation 90.

(5) Any reference in an existing trade sanctions licence to a provision of the Export Control Order 2008 is to be treated on and after the relevant date as a reference to the corresponding provision of these Regulations (if any).

(6) Any reference in an existing trade sanctions licence to a prohibition in the EU DPRK Regulation is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 6.

(7) In this regulation, “the relevant date” means—

(a)where regulations under section 56 of the Act provide that Part 6 comes into force at a specified time on a day, that time on that day;

(b)otherwise, the date on which Part 6 comes into force.

Transitional provision: pending applications for trade licences

133.—(1) Paragraph (2) applies where—

(a)an application was made before the relevant date for a licence or authorisation under or pursuant to the Export Control Order 2008 or the Dual-Use Regulation,

(b)the application is for authorisation of an act prohibited by Part 6 (Trade), and

(c)a decision to grant or refuse the application has not been made before the relevant date.

(2) The application is to be treated on and after the relevant date as including an application for a licence under regulation 90 (trade licences).

(3) Paragraph (4) applies where—

(a)an application was made before the relevant date for a licence or authorisation under the Export Control (North Korea Sanctions) Order 2018 or the EU DPRK Regulation,

(b)the application is for authorisation of an act prohibited by Part 6, and

(c)a decision to grant or refuse the application has not been made before the relevant date.

(4) The application is to be treated on and after the relevant date as an application for a licence under regulation 90.

(5) In this regulation “the relevant date” means—

(a)where regulations under section 56 of the Act provide that regulation 90 comes into force at a specified time on a day, that time on that day;

(b)otherwise, the date on which regulation 90 comes into force.

Transitional provision: prior obligations etc.

134.—(1) Where—

(a)a person was named in Annex XV, XVI or XVII of the EU DPRK Regulation immediately before the relevant date, and

(b)the person is a designated person immediately before that date,

any reference in a provision mentioned in paragraph (3) to the date on which a person became a designated person or a non-UN designated person is to be read as a reference to the original listing date.

(2) Where, immediately before the relevant date, a person was named for the purposes of paragraph 8(d) of resolution 1718 by the Security Council or the Committee, the reference in each of the provisions mentioned in paragraph (3)(a) and (b) to the date on which a person became a designated person is to be read as a reference to the date on which the person was so named.

(3) The provisions referred to in paragraphs (1) and (2) are—

(a)regulation 81(5) (asset-freeze etc.: exceptions from prohibitions),

(b)paragraph 5(b)(i) of Schedule 3 (pre-existing judicial decisions etc.), and

(c)paragraph 8(a)(i) of Schedule 3 (prior obligations).

(4) In this regulation—

“designated person” has the same meaning as it has in Part 4 (Finance);

“original listing date” means the earlier of—

“the relevant date” means—