Council Common Position 2006/795/CFSP of 20 November 2006 concerning restrictive measures against the Democratic People's Republic of Korea
Date: 2006-11-20
Institutions: Council of the European Union
Subjects: North Korea, economic sanctions, foreign capital, international affairs, international security, military equipment, natural person, restriction of liberty, trade restriction

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EN

Official Journal of the European Union

22.11.2006

(Acts adopted under Title V of the Treaty on European Union)

COUNCIL COMMON POSITION 2006/795/CFSP

of 20 November 2006

concerning restrictive measures against the Democratic People's Republic of Korea

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 15 thereof,

Whereas:

conventional weapons as defined for the purpose of the
UN register on Conventional Arms, or related materiel
including spare parts, or items as determined by the
UN Security Council or
the Committee established
pursuant
to paragraph 12 of UNSCR 1718 (2006)
(‘the Committee’). The Council considers it appropriate
also to cover other conventional weapons, including at
least all goods and technology on the EU Common List
of Military Equipment.

(1)

(2)

(3)

On 15 July 2006, the United Nations Security Council
adopted Resolution 1695 (2006) (‘UNSCR 1695 (2006)’)
in which it condemned the multiple launches by the
Democratic People's Republic of Korea (‘DPRK’) of
ballistic missiles on 5 July 2006.

On 14 October 2006 the United Nations Security
(‘UNSCR
Council adopted Resolution 1718 (2006),
1718 (2006)’
in which it condemned the nuclear test
proclaimed by the DPRK on 9 October 2006, and
expressed its gravest concern at the challenge such a
test constituted to the Treaty on the Non-Proliferation
of Nuclear Weapons and to international efforts aimed
at strengthening the global regime of non-proliferation of
nuclear weapons, and the danger it posed to peace and
stability in the region and beyond. The UN Security
Council determined therefore a clear threat to interna-
tional peace and security.

(5)

(6)

UNSCR 1718 (2006) also prohibits the direct or indirect
supply, sale or transfer to the DPRK by nationals of
Member States or
from the territories of Member
States, or using their flag vessels or aircraft, of items as
listed in the relevant UN documents, which notably
comprise the items contained in the Nuclear Suppliers
Group and Missile Technology Control Regime lists;
and of other materials, equipment, goods and technology
related to nuclear, ballistic missile or other weapons of
mass destruction programmes.

UNSCR 1718 (2006) also prohibits the provision of
technical training, services and assistance in relation to
the items referred to in recitals (4) and (5), the prohi-
bition of which should also cover financing or financial
assistance.

test of

the Council of

to the Six-Party

the European
On 17 October 2006,
Union strongly condemned the
a nuclear
explosive device by the DPRK and urged the DPRK
to return immediately
to
abandon all nuclear weapons and existing nuclear
programmes, and to comply with its obligations under
the Treaty on the Non-Proliferation of Nuclear Weapons,
including submitting all its nuclear activities to Interna-
tional Atomic Energy Agency verification. The Council
also stated that it would fully implement the provisions
of all relevant UNSC Resolutions and notably those of
UNSCR 1695 (2006) and UNSCR 1718 (2006).

talks,

(4)

UNSCR 1718 (2006) prohibits the direct or indirect
supply, sale or transfer to the DPRK by nationals of
Member States or
from the territories of Member
States, or using their flag vessels or aircraft, of certain

(7)

UNSCR 1718 (2006) also prohibits the procurement of
the items referred to in recitals (4) and (5) from the
DPRK.

(8)

UNSCR 1718 (2006) also prohibits the supply, sale or
transfer of luxury goods to the DPRK.

(9)

UNSCR 1718 (2006) also imposes measures to prevent
the entry into, or transit through their territories of the
persons designated by the Committee or by the UN
Security Council as being responsible for,
including
through supporting or promoting, DPRK policies in
relation to DPRK's nuclear-related, ballistic missile-
related and other weapons of mass destruction-related
programmes, together with their family members.

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controlled directly or

(10) UNSCR 1718 (2006) furthermore imposes a freeze of
funds, other financial assets and economic resources,
owned or
indirectly by the
persons or entities designated by the Committee or
by the UN Security Council as being engaged in or
providing
other
illicit means, DPRK's nuclear-related, other weapons of
mass destruction-related and ballistic missiles-related
programmes, or by persons or entities acting on their
behalf or at their direction; and an obligation that no
funds, financial assets or economic resources are made
available to or for the benefit of such persons or entities.

including

through

support

for,

(11)

This Common Position may be amended if the Council
deems it appropriate to apply the restrictive measures to
additional persons, entities or items, or to other cate-
gories of persons, entities or items.

(12) Action by the Community is needed in order

to

implement certain measures,

HAS ADOPTED THIS COMMON POSITION:

Article 1

The direct or indirect supply, sale or transfer of

the
1.
following items and technology,
to the
DPRK by nationals of Member States or through or from the
territories of Member States, or using their flag vessels or
aircraft, shall be prohibited whether or not originating in their
territories:

including software,

(a) arms and related materiel of all types,

including weapons
and ammunition, military vehicles and equipment, parami-
litary equipment and spare parts for the aforementioned,
with the exception of non-combat vehicles which have
been manufactured or
fitted with materials to provide
intended solely for protective use of
ballistic protection,
personnel of the EU and its Member States in the DPRK;

(b) all

items, materials, equipment, goods and technology as
determined by the UN Security Council or the Committee
in accordance with paragraph 8(a)(ii) of UNSCR 1718
(2006), which could contribute to dprk's nuclear-related,
of mass
ballistic missile-related
destruction-related programmes.

other weapons

or

in paragraph 1 and to the provision, manufacture, main-
tenance and use of these items, directly or indirectly to any
person, entity or body in, or for use in the DPRK;

(b) provide financing or financial assistance related to items and
in
technology referred to in paragraph 1,
for
loans and export credit
particular, grants,
any sale, supply, transfer or export of these items, or for
the provision of related technical training, advice, services,
assistance, or brokering services, directly or indirectly to any
person, entity or body in, or for use in the DPRK;

including,
insurance,

(c)

to participate, knowingly or intentionally,
in activities the
object or effect of which is to circumvent the prohibition
referred to in points (a) and (b).

3.
The procurement by nationals of Member States, or using
their flag vessels or aircraft, of items and technology referred to
in paragraph 1 from the DPRK shall also be prohibited, whether
or not originating in the territory of the DPRK.

Article 2

The direct or indirect supply, sale or transfer of luxury goods to
the DPRK by nationals of Member States or through or from
the territories of member states, or using their flag vessels or
aircraft, shall be prohibited whether originating or not in their
territories.

Article 3

shall

take the necessary measures

1. Member States
to
prevent the entry into, or transit through, their territories of
the persons designated by the Committee or by the Un
including through
Security Council as being responsible for,
supporting or promoting, DPRK policies in relation to DPRK's
nuclear-related, ballistic missile-related and other weapons of
mass destruction-related programmes,
together with their
family members, as listed in the Annex.

Paragraph 1 will not oblige a Member State to refuse its

2.
own nationals entry into its territory.

2.

It shall also be prohibited to:

(a) provide technical

training, advice, services, assistance or
brokering services, related to items and technology set out

3.
Paragraph 1 shall not apply where the Committee
determines on a case-by-case basis that such travel is justified
on the grounds of humanitarian need, including religious obli-
gations, or where the Committee concludes that an exemption
would otherwise further the objectives of UNSCR 1718 (2006).

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In cases where pursuant to paragraph 3, a Member State
4.
authorises the entry into, or transit through,
its territory of
persons listed in the Annex, the authorisation shall be limited
to the purpose for which it
is given and to the persons
concerned thereby.

Paragraph 2 shall not apply to the addition to frozen

5.
accounts of:

(a)

interest or other earnings on those accounts; or

Article 4

(b) payments due under contracts, agreements or obligations
that were concluded or arose prior to 14 October 2006,

1.
All funds and economic resources belonging to, owned,
held or controlled, directly or indirectly, by the persons and
entities designated by the Committee or by the UN Security
Council as being engaged in or providing support
for,
including through illicit means, DPRK's nuclear-related, other
weapons of mass destruction-related and ballistic missiles-
related programmes, or by persons or entities acting on their
behalf or at their direction shall be frozen.

No funds or economic resources shall be made available,
to or for the benefit of persons and

2.
directly or indirectly,
entities referred to in paragraph 1.

Exemptions may be made for

3.
resources which are:

funds and economic

(a) necessary to satisfy basic needs, including payment for food-
stuffs, rent or mortgage, medicines and medical treatment,
taxes, insurance premiums, and public utility charges;

(b) intended exclusively for payment of reasonable professional
incurred expenses associated

fees and reimbursement of
with the provision of legal services; or

(c)

intended exclusively for payment of fees or service charges,
in accordance with national
laws, for routine holding or
maintenance of frozen funds and economic resources,

after notification by the Member State concerned to the
Committee of the intention to authorise, where appropriate,
access to such funds, other
financial assets and economic
resources and in the absence of a negative decision by the
Committee within five working days of such notification.

Exemptions may also be made for funds and economic

4.
resources which are:

(a) necessary for extraordinary expenses, after notification by
the Member State concerned to and approval by the
Committee; or

(b) the subject of a judicial, administrative or arbitral

lien or
judgment, in which case the funds and economic resources
may be used to satisfy that lien or judgment, provided that
the lien or judgment was entered prior to the date of
UNSCR 1718 (2006), and is not
for the benefit of a
person or entity referred to in paragraph 1, after notification
by the Member State concerned to the Committee.

provided that any such interest, other earnings and payments
continue to be subject to paragraph 1.

Article 5

Member States shall, in accordance with their national autho-
rities and legislation, and consistent with international law, take
including through inspection of cargo to
cooperative action,
and from the DPRK as necessary,
in order to prevent illicit
trafficking in nuclear, chemical or biological weapons, ballistic
missiles, their means of delivery, related materials and tech-
nology. In this respect available non-proliferation mechanisms
could be used to assure effective sea, air and land cargo
inspections.

Article 6

The Council shall establish the list contained in the Annex and
implement any modifications thereto on the basis of the deter-
minations made by the Committee or the UN Security Council.

Article 7

This Common Position shall be reviewed, and,
if necessary,
amended, notably as regards the categories of persons, entities
or items or additional persons, entities or items to be covered
by the restrictive measures, or taking into account relevant
UNSC resolutions.

Article 8

This Common Position shall
adoption.

take effect on the date of

its

Article 9

This common position shall be published in the Official Journal
of the European Union.

Done at Brussels, 20 November 2006.

For the Council
The President

J. KORKEAOJA

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ANNEX

List of persons referred to in Article 3