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

CHAPTER 3Services relating to ships and aircraft

Leasing or chartering of ships and aircraft

58.—(1) A person must not lease or charter a ship or an aircraft to—

(a)a designated person,

(b)a person acting on behalf of or at the direction of a designated person,

(c)a person, other than an individual, which is owned or controlled directly or indirectly (within the meaning of regulation 7) by a designated person, or

(d)a person connected with the DPRK.

(2) Paragraph (1) is subject to Part 9 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—

(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a), (“P”) to show that P did not know and had no reasonable cause to suspect that the person was a designated person;

(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was acting on behalf of or at the direction of a designated person;

(c)it is a defence for a person charged with the offence of contravening paragraph (1)(c) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was owned or controlled by a designated person;

(d)it is a defence for a person charged with the offence of contravening paragraph (1)(d) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with the DPRK.

(4) In this regulation a “designated person” means—

(a)a person who is designated under regulation 5 for the purposes of this regulation and regulation 59 (crew services), or

(b)a person who is a designated person for the purposes of this regulation and regulation 59 by reason of regulation 10.

Crew services for ships and aircraft

59.—(1) A person must not provide crew services to—

(a)a designated person,

(b)a person acting on behalf of or at the direction of a designated person,

(c)a person, other than an individual, which is owned or controlled directly or indirectly (within the meaning of regulation 7) by a designated person, or

(d)a person connected with the DPRK.

(2) A person must not procure crew services from a person connected with the DPRK.

(3) Paragraphs (1) and (2) are subject to Part 9 (Exceptions and licences).

(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—

(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was a designated person;

(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was acting on behalf of or at the direction of a designated person;

(c)it is a defence for a person charged with the offence of contravening paragraph (1)(c) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was owned or controlled by a designated person;

(d)it is a defence for a person charged with the offence of contravening paragraph (1)(b) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with the DPRK.

(5) In this regulation “crew services” means services associated with the manning of a ship or aircraft or the provision of a crew or members of a crew for a ship or aircraft.

(6) In this regulation a “designated person” means—

(a)a person who is designated under regulation 5 for the purposes of regulation 58 (leasing or chartering of ships and aircraft) and this regulation, or

(b)a person who is a designated person for the purposes of regulation 58 and this regulation by reason of regulation 10.

Ship classification services

60.—(1) A person must not provide classification services relating to —

(a)a specified ship,

(b)a ship registered in the DPRK, or

(c)a ship flying the flag of the DPRK.

(2) Paragraph (1) is subject to Part 9 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know, and had no reasonable cause to suspect, that the ship was a specified ship, a ship registered in the DPRK or (as the case may be) a ship flying the flag of the DPRK.

(4) In this regulation—

“classification services” means any services supplied for or in connection with the classification or certification of a ship, including—

“specified ship” means a ship specified by the Secretary of State under regulation 11(1) or (2).

Ship supply services

61.—(1) A person must not provide bunkering or ship supply services relating to a specified ship.

(2) Paragraph (1) is subject to Part 9 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence but it is a defence for a person charged with that offence to show that the person did not know, and had no reasonable cause to suspect, that the ship was a specified ship.

(4) In this regulation—

“bunkering or ship supply services” includes—

“specified ship” means a ship specified by the Secretary of State under regulation 11(1) or (2).