2.17

Prohibition on direct or indirect import and export from/to Democratic People’s Republic of Korea (DPRK)

Prohibition on export:

(A) The direct or indirect supply, sale, transfer or export of the following items to Democratic People’s Republic of Korea (DPRK) is prohibited:-

(i) 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, or related materiel including spare parts;

(ii) all arms and related materiel, including small arms and light weapons and their related materiel;

(iii) all items, materials, equipment, goods and technology as set out in the UNSC United Nations Security Council and International Atomic Energy Agency (IAEA) documents, namely,

1. S/2006/853*;
2. S/2006/853/Corr.1;
3. Part B of S/2009/364;
4. Annex III of Resolution 2094 (2013);
5. S/2016/1069;
6. Annex A to INFCIRC/254/Rev.12/Part1 (IAEA document);
7. Annex to INFCIRC/254/Rev.9/Part2 (IAEA document);
8. S/2014/253;
9. S/2016/308;
10. Annex III of Resolution 2321 (2016); and
11. other items, materials, equipment, goods and technology, as determined by the Central Government, which could contribute to DPRK’s nuclear related, ballistic missile-related or other weapons of mass destruction related programmes;

(iv) luxury goods, including, but not limited to, the items specified in Annex IV of Resolution 2094 (2013), Annex IV of Resolution 2270 (2016) and Annex IV of Resolution 2321 (2016);

(v) items as determined by the Central Government, except food or medicine, that could directly contribute to the development of the Democratic People’s Republic of Korea’s operational capabilities of its armed forces. This measure is subject to the exemptions set out in paragraph 8 (a) and (b) of Resolution 2270 (2016);

Prohibition on import:

(B) The direct or indirect procurement or import from DPRK, of items, whether or not originating in DPRK, covered in sub-paragraphs (A)(i), (A)(ii), (A)(iii) and (A)(v) above is prohibited.

Sectoral prohibitions (export)

(C) The direct or indirect supply, sale, transfer or export of the following items to DPRK is prohibited:

(i) new helicopters and vessels, except as approved in advance by the Committee on a case­by-case basis;

(ii) aviation fuel, including aviation gasoline, naptha-type jet fuel, kerosene-type jet fuel, and kerosene-type rocket fuel. This measure is subject to the provisions of paragraph 31 of Resolution 2270 (2016) and paragraph 20 of Resolution of 2321 (2016);

(iii) condensates and natural gas liquids;

(iv) refined petroleum products. This measure is subject to the exemptions and procedures set out in paragraph 14 of Resolution 2375 (2017);

(v) crude oil. This measure is subject to the exemptions and procedures set out in paragraph 15 of Resolution 2375 (2017);

Sectoral prohibitions (import)

(D) The direct or indirect procurement or import from DPRK, of the following items is prohibited:

(i) coal, iron and iron ore. This measure is subject to the exemptions and procedures set out in paragraph 8 of Resolution 2371 (2017);

(ii) gold, titanium ore, vanadium ore, and rare earth minerals;

(iii) copper, nickel, silver and zinc;

(iv) statues, unless the Committee approves on a case-by-case basis in advance;

(v) seafood (including fish, crustaceans, mollusks, and other aquatic invertebrates in all forms). This measure is subject to the exemptions and procedures set out in paragraph 9 of Resolution 2371 (2017);

(vi) lead and lead ore. This measure is subject to the exemptions and procedures set out in paragraph 10 of Resolution 2371 (2017);

(vii) textiles (including but not limited to fabrics and partially or fully completed apparel products). This measure is subject to the exemptions and procedures set out in paragraph 16 of Resolution 2375 (2017);

Explanation.-

a) UNSC means the United Nations Security Council;

b) IAEA means the International Atomic Energy Agency;

c) Committee means the Committee of the UNSC set up in terms of paragraph 12 of Resolution 1718 (2006); and

d) Resolution, as the case may be, means the UNSC Resolutions under Chapter VII of the Charter of the United Nations on Democratic People’s Republic of Korea, namely, 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2094 (2013), 2270 (2016), 2231 (2016), 2356 (2017), 2371 (2017) and 2375 (2017).

(Above para 2.17 has been amended vide NOTIFICATION NO. 35/2017, DT. 18/10/2017)

[OLD- 2.17

Prohibition on Direct or Indirect Import and Export from/to Democratic People’s Republic of Korea

A. Direct or indirect export and import of following items, whether or not originating in Democratic People’s Republic of Korea (DPRK), to/from, DPRK is ‘Prohibited’:

(i) All items, materials, equipment, goods and technology as set out in the following UNSC and IAEA documents:

a) S/2006/853* and S/2006/853/Corr.1;

b) S/2009/364;

c) Annex- III of S/RES/2094(2013);

d) Committee decision of July 16, 2009 (S/2009/364) and resolution 2094(2013);

e) Annex-A to INFCIRC/254/Rev.12/Part1;

f) Annex to INFCIRC/254/Rev.9/Part2;

g) S/2014/253;

h) S/2016/308;

i) S/RES/2321(2016) and

j) Any other item as determined by Central Government, which could contribute to DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction related programmes;

(ii) 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 or related materiel including spare parts, as well as all arms and related materiel, including small arms and light weapons and their related materiel.

B. Direct or indirect export of following items to DPRK is ‘Prohibited’:

(i) Luxury goods including, but not limited to, the items specified in Annex-IV of S/RES/2094(2013), Annex-IV of S/RES/2270(2016); and Annex-IV of S/RES/2321(2016);

(ii) Aviation fuel, including aviation gasoline, naphtha-type jet fuel, kerosene-type jet fuel, and kerosene-type rocket fuel subject to the provisions of Paragraph 31 of UNSC Resolution 2270 (2016) and paragraph 20 of UNSC Resolution 2321 (2016); and

(iii) New helicopters and vessels, except as approved in advance by the Committee on a case-by-case basis.

C. Direct or indirect import of following items, whether or not originating in Democratic People’s Republic of Korea (DPRK), from DPRK is ‘Prohibited’:

(i) Coal, iron, and iron ore, subject to the provisions of Paragraph 26 of UNSC Resolution 2321(2016);

(ii) Gold, titanium ore, vanadium ore, and rare earth minerals;

(iii) Statues, except as approved in advance by the Committee on a case-by-case basis and

(iv) Copper, nickel, silver and zinc.

Explanation:

a) IAEA refers to the International Atomic Energy Agency;

b) UNSC refers to the United Nations Security Council;

c) Committee refers to “Committee” of the United Nations Security Council set up in terms of Paragraph 12 of the United Nations Security Council Resolution 1718 (2006)and Paragraph 39 of 2321(2016).]

(Above para 2.17 has been substituted vide NOTIFICATION NO. 41/2016, DT. 21/03/2017)

[OLD- 2.17

Prohibition on Direct or Indirect Import and Export from / to Democratic People's Republic of Korea

Direct or indirect export and import of following items, whether or not originating in Democratic People's Republic of Korea (DPRK), to / from, DPRK is 'Prohibited':

All items, materials, equipment, goods and technology including as set out in lists in documents INFCIRC/254/Rev.11/Part 1 and INFCIRC/254/ Rev.8/Part 2 (IAEA documents), S/2012/947, S/2009/364 and S/2006/853 (UN Security Council documents) and Annex III to UN Security Council resolution 2094 (2013) which could contribute to DPRK's nuclear-related, ballistic missile- related or other weapons of mass destruction-related programmes; Luxury goods, including but not limited to the items specified in Annex IV to UN Security Council resolution 2094 (2013).]