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Dear member of the Australian community in south China,
I am writing with important information for Australian companies or individuals, including those outside Australia, who may have commercial interests with the Democratic People’s Republic of Korea (DPRK or North Korea), and wish to advise of certain developments which may have implications for those interests.
On 14 October 2006, the United Nations Security Council adopted Security Council Resolution (SCR) 1718, which required all countries to impose a targeted trade embargo and financial and travel sanctions against the DPRK. These sanctions were imposed by the Security Council as a response to the DPRK’s actions in conducting a nuclear test on 9 October 2006.
Australia has taken action to fully implement the sanctions against the DPRK in Australian law. The new Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2006 (‘UN Charter Regulations’), in conjunction with the Customs (Prohibited Imports) Regulations 1956, and the Customs (Prohibited Exports) Regulations 1958, implement Australia’s obligations under the Resolution. The UN Charter Regulations took effect on 10 November 2006 and the amended Customs Regulations took effect on 3 November 2006.
Under the new regulations, it is an offence to engage in any conduct assisting the supply, sale or transfer of certain military goods, and military and dual-use items related to nuclear, WMD and ballistic missile programmes, to the DPRK. It is also an offence to provide the DPRK with technical training, advice, services or assistance related to specified items or to receive such training from the DPRK or its nationals. Further, it is an offence to procure specific military and dual-use items from the DPRK. These offences apply to all persons in Australia and to Australian nationals overseas.
I would also take this opportunity to remind you that all exports of military and dual use goods listed on the Defence and Strategic Goods List (DSGL) require the approval of the Minister for Defence. More detailed information on Australia's defence exports control regime, and a copy of the DSGL, is available on the Defence website at http://www.defence.gov.au/strategy/dtcc .
The UN Charter Regulations make it an offence to deal in the assets and economic resources owned or controlled by persons or entities designated by the Security Council as providing support for the DPRK’s nuclear, WMD and ballistic missile programmes. Upon designation by the Security Council, it will be an offence to supply funds to such persons or entities. Designated persons will also be prohibited from travelling to Australia.
In addition to the United Nations Security Council sanctions against the DPRK, Australia separately imposed bilateral financial sanctions on 19 September 2006, making it an offence to conduct financial dealings with 12 companies and 1 person associated with the DPRK’s WMD and missile programs. These measures are administered by the Reserve Bank of Australia. (See http://www.rba.gov.au for details).
The Australian Government has also now finalised its luxury goods export restrictions to give full effect to United Nations Security Council sanctions against the Democratic People’s Republic of Korea (DPRK or North Korea) under UN Security Council Resolution 1718. Please find the list of luxury goods below.
These restrictions take effect on 22 December and prohibit the supply to the DPRK or its representatives of any item contained on the ‘luxury goods list’. The restrictions are implemented under regulations 7, 12 and 19 of the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2006 and regulation 13 CO of the Customs (Prohibited Exports) Regulations. Details of these regulations can be found at http://www.dfat.gov.au/un/unsc_sanctions/north-korea.html
Under the regulations, it is an offence to engage in any conduct which assists, or results in, the supply, sale or transfer of luxury goods to
a) the DPRK; or
b) any recipient in the DPRK; or
c) any entity or owned or controlled by the DPRK; or
d) any person acting on behalf of the DPRK or an entity owned or controlled by the DPRK.
The prohibition does not apply to the supply, sale or transfer of luxury goods to the DPRK Embassy in Canberra for use in Australia or to DPRK diplomats in Australia for their use in Australia only.
The regulations apply to all persons and entities within Australia and extraterritorially to all Australian citizens and Australian entities outside of Australia.
Please also be aware that separate from the UNSCR 1718 sanctions, Australia has also implemented bilateral sanctions against the DPRK. On 10 October, Mr Downer announced a ban on the issuance of visas to DPRK nationals, with limited exceptions (such as diplomatic and humanitarian). While visa restrictions do not apply to Australians travelling to the DPRK, when visiting the DPRK, all Australians should be aware of the luxury goods restrictions and may only carry items on the luxury goods list for personal use only during their visit. When travelling to the DPRK, please consult the DFAT travel advisory for information on restrictions that may impact on your travel: http://www.smartraveller.gov.au/zw-cgi/view/Advice/North_Korea .
Mr Downer has also banned the entry of all DPRK-flagged vessels into Australian ports, where this remains consistent with international law. While the import of luxury goods from the DPRK to Australia is not restricted, the port ban could have implications for any Australian seeking to import such goods on a DPRK-flagged vessel.
You should be aware that other countries may also impose bilateral sanctions on the DPRK, in addition to the United Nations Security Council sanctions, and that the United States and Japan already have bilateral measures in place. Such sanctions may have legal implications for investment and trade with the DPRK and for some non-commercial dealings with the DPRK, including where sanctions purport to have extraterritorial application.
Please visit the UN website here for a copy of SCR 1718, and DFAT’s website here for a copy of a media release by the Minister for Foreign Affairs on Australia’s actions to implement its obligations under SCR 1718. Relevant information on the United Nations Security Council sanctions and bilateral sanctions against the DPRK can be found on the Department of Foreign Affairs and Trade website at www.dfat.gov.au/un/unsc_sanctions/index.html .
Anyone considering commercial or other dealings with the DPRK or DPRK nationals or enterprises should familiarise themselves with the operation of the sanctions regime. I note that DFAT is not able to provide legal advice to individuals or companies on the application of the sanctions regime in specific situations. You should seek independent legal advice before making any decisions regarding the DPRK.
If you should wish to discuss the issue or seek further information, please contact the Director of the Korea Section of the Department of Foreign Affairs and Trade on 02-6261 2226.
Yours Sincerely
Robert Kevin Magee
Consul-General of Australia, Guangzhou
Security Council Resolution 1718
Australian Luxury Goods List
1 Wine
2 Spirits (all kinds)
3 Tobacco Products
4 Caviar
5 Crustaceans (all), eg rock lobsters
6 Abalone
7 Molluscs and aquatic invertebrates, eg oyster in any form
8 Automobiles and other vehicles to transport people
9 Yachts and pleasure craft
10 Perfumes and toilet waters
11 Cosmetics (all)
12 Furs
13 Silver
14 Gold
15 Jewellery
16 Precious and Semi Precious Stones (including diamonds and pearls)
17 Drinking glasses (lead crystal)
18 Works of Art (all)
19 Fountain Pens
20 Watches & Clocks
21 Carpets
22 Precious Metals
23 Leather travel goods, apparel and clothing accessories
24 Consumer Electronics (televisions, videos, DVD players, PDAs, laptops, MP3 players - and any other relevant exports)
25 Photographic equipment
26 Electronic entertainment / software
27 Sports Equipment