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

Criteria for designating a person

6.—(1) The Secretary of State may not designate a person under regulation 5 unless the Secretary of State—

(a)has reasonable grounds to suspect that that person is an involved person, and

(b)considers that the designation of that person is appropriate, having regard to—

(i)the purposes stated in regulation 4, and

(ii)the likely significant effects of the designation on that person (as they appear to the Secretary of State to be on the basis of the information that the Secretary of State has).

(2) In this regulation an “involved person” means a person who—

(a)is or has been involved in the facilitation of any of the DPRK’s military programmes,

(b)is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person who is or has been so involved,

(c)is acting on behalf of or at the direction of a person who is or has been so involved, or

(d)is a member of, or associated with, a person who is or has been so involved.

(3) For the purposes of this regulation a person is “involved in the facilitation of any of the DPRK’s military programmes” if the person—

(a)is responsible for, engages in, provides support for, or promotes, any of the DPRK’s banned programmes,

(b)provides financial services(1), or makes available funds or economic resources(2), that could contribute to any of the DPRK’s banned programmes,

(c)is involved in the supply to or from the DPRK of arms or of material related to arms, or in providing financial services relating to such supply,

(d)is involved in the supply to the DPRK of items, materials, equipment, goods or technology which could contribute to any of the DPRK’s banned programmes, or in providing financial services relating to such supply, or

(e)is involved in assisting the contravention or circumvention of any relevant DPRK-related provisions.

(4) In this regulation a “relevant DPRK-related provision” means—

(a)any provision of Part 4 or Parts 6 to 8;

(b)any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of Part 4 or Parts 6 to 8;

(c)any provision of resolution 1718, 1874, 2087, 2094, 2270, 2321, 2356, 2371, 2375 and 2397.

(5) Nothing in any sub-paragraph of paragraph (3) is to be taken to limit the meaning of any of the other sub-paragraphs of that paragraph.

(6) Any reference in this regulation to being involved in the facilitation of any of the DPRK’s military programmes includes being so involved wherever any actions constituting the involvement take place.