(6)

Articles 43 and 44 are replaced by the following: ‘Article 43 1. It shall be prohibited: (a) to lease or charter vessels or aircraft or provide crew services to the DPRK, persons or entities listed in Annex XIII, XV, XVI or XVII, any other DPRK entities, any other persons or entities which have assisted in violating the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016) or 2371 (2017) or any person or entity acting on behalf of, or at the direction of, any such person or entity, and entities owned or controlled by them; (b) to procure vessel or aircraft crew services from the DPRK; (c) to own, lease, operate, charter, insure or provide vessel classification services or associated services to any vessel flagged to the DPRK; (d) to provide vessel classification services to vessels listed in Annex XVIII; (e) to apply for or to assist in the registration or maintenance on the register of any vessel that is owned, controlled or operated by the DPRK or DPRK nationals, any vessel listed in Annex XVIII or that has been deregistered by another State pursuant to paragraph 24 of UNSCR 2321 (2016), paragraph 8 of UNSCR 2375 (2017) or paragraph 12 of UNSCR 2397 (2017); or (f) to provide insurance or reinsurance services to vessels owned, controlled or operated by the DPRK or vessels listed in Annex XVIII. 2. Annex XVIII shall include the vessels not listed in Annex XIV, which the Council has reasons to believe were involved in activities, or the transport of items, prohibited by UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) or 2397 (2017). Article 44 1. By way of derogation from the prohibition in point (a) of Article 43(1), the competent authorities of the Member States may authorise the leasing, chartering or provision of crew services, provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis. 2. By way of derogation from the prohibitions in points (c) and (e) of Article 43(1), the competent authorities of the Member States may authorise the owning, leasing, operating, chartering of, or providing vessel classification services or associated services to any DPRK flagged vessel, or the registration, or maintenance on the register, of any vessel that is owned, controlled or operated by the DPRK or DPRK nationals, provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis. 3. By way of derogation from the prohibition in point (d) of Article 43(1), the competent authorities of the Member States may authorise vessel classification services to vessels listed in Annex XVIII, provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis. 4. By way of derogation from the prohibitions in point (e) of Article 43(1), the competent authorities of the Member States may authorise the registration of a vessel that has been deregistered by another State pursuant to paragraph 12 of UNSCR 2397 (2017), provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis. 5. By way of derogation from the prohibition in point (f) of Article 43(1), the competent authorities of the Member States may authorise the provision of insurance or reinsurance services, provided that the Sanctions Committee has determined in advance on a case-by-case basis that the vessel is engaged in activities exclusively for livelihood purposes which will not be used by DPRK individuals or entities to generate revenue or exclusively for humanitarian purposes. 6. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1, 2, 3, 4 and 5.’;