United Nations Security Council Resolution 2270 (2016)
On 2 March 2016 the United Nations Security Council (“UNSC”) adopted Resolution 2270 (2016) (“the Resolution”) in response to the nuclear test conducted by the Democratic People’s Republic of Korea (“DPRK”) on 6 January 2016 , and the launch of a ballistic missile by the DPRK on 7 February.
The Resolution expands on existing prohibitions contained in UNSC Resolution 1718 (2006) which prohibits any transfers to/from the DPRK or its nationals of technical training, advice, services or assistance related to the provision, manufacture, maintenance or use of nuclear-related, ballistic missile-related or other weapons of mass destruction-related items, materials, equipment, goods and technology. The Resolution expands these prohibitions to apply also to all arms and related material, including small arms and light weapons, as well as to financial transactions, technical training, advice, services or assistance related to the provision, manufacture, maintenance or use of such arms, and any item (except food or medicine) which could contribute to supporting DPRK’s armed forces.
It further provides for all UN States to:
(a) inspect cargo within or transiting through their territory, including airports, sea ports and free trade zones, destined for or originating from the DPRK;
(b) prohibit chartering of their flagged vessels to the DPRK, and provision of crew services;
(c) prohibit their own nationals and others subject to their jurisdiction, and entities incorporated in their respective territories from:
- registering vessels in DPRK;
- obtaining authorization for vessels to use the DPRK flag;
- owning, leasing, operating, or providing any vessel classification, certification or associated service, or insuring, any vessel flagged by the DPRK;
(d) deny permission for any aircraft to take off from, land at or use their air space if such aircraft is known to be carrying items, the supply, sale, transfer or export of which are prohibited by related UN resolutions, except in cases of emergency landing;
(e) take steps to prevent export by DPRK of coal, iron, iron ore, gold, titanium ore, vanadium ore, and rare earth minerals, including by use of vessels or aircraft flagged to a UN Member State;
(f) prohibit the sale or supply of aviation fuel, including aviation gasoline, naphtha-type jet fuel, kerosene-type jet fuel, and kerosene-type rocket fuel, whether or not originating in their own territory, to the DPRK;
(g) expel DPRK diplomats, governmental representatives or nationals acting in a governmental capacity who have assisted in the evasion of sanctions or the violation of related UN resolutions;
(h) prevent specialized teaching or training of DPRK nationals within their territories, or by their nationals, in disciplines that could contribute to the proliferation of sensitive nuclear activities or the development of nuclear-weapon delivery systems.
The UN has previously designated Ocean Maritime Management (OMM) for asset freeze. The Resolution identifies 31 ships as being economic resources controlled or operated by OMM, and therefore subject to UN asset freeze. It also identifies 16 individuals and 12 entities for asset freeze, including Chongchongang Shipping Company (alias Chong Chon Gang Shipping Co. Ltd), and a number of banks and trading companies.
European Union
On 4 March 2016, and in accordance with UN Resolution 2270, the European Union passed EU Implementing Regulation 2016/305, amending Regulation 329/2007. This has the effect of implementing an asset freeze against the 16 individuals and 12 entities identified in the UN Resolution. The identifying information for the listing of OMM has also been amended to include the IMO numbers of the 31 ships which it is reported to operate/manage.
