Council Implementing Regulation (EU) 2022/659 of 21 April 2022 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea
Date: 2022-04-21
Institutions: Council of the European Union
Subjects: EU restrictive measure, North Korea, economic sanctions, international sanctions, legal person, natural person








L_2022120EN.01000501.xml










21.4.2022   


EN


Official Journal of the European Union


L 120/5








            COUNCIL IMPLEMENTING REGULATION (EU) 2022/659
of 21 April 2022
         
implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Regulation (EC) No 329/2007 (1), and in particular Article 47 thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 30 August 2017, the Council adopted Regulation (EU) 2017/1509.












(2)


In its conclusions of 17 July 2017, the Council stated that the Union would consider further appropriate responses to actions by the Democratic People’s Republic of Korea (the ‘DPRK’) that undermine the global non-proliferation and disarmament regime, notably through additional autonomous restrictive measures.












(3)


On 22 December 2017, the United Nations Security Council (‘UNSC’) adopted United Nations Security Council Resolution (‘UNSCR’) 2397 (2017), whereby it reaffirmed that the DPRK: is not to conduct any further launches that use ballistic missile technology, nuclear tests, or any other provocation; is to immediately suspend all activities related to its ballistic missile program and in that context re-establish its pre-existing commitments to a moratorium on all missile launches; is to immediately abandon all nuclear weapons and existing nuclear programmes in a complete, verifiable and irreversible manner, and immediately cease all related activities; and is to abandon any other existing weapons of mass destruction and ballistic missile programmes in a complete, verifiable and irreversible manner.












(4)


On 24 March 2022, the DPRK launched an intercontinental ballistic missile. The DPRK launched missiles on at least twelve occasions between 5 January and 24 March 2022.












(5)


On 25 March 2022, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) issued a declaration on behalf of the Union condemning the launch by the DPRK of an intercontinental ballistic missile on 24 March 2022, which is a violation of multiple UNSCRs and a serious threat to international and regional peace and security. That declaration also called on the DPRK to refrain from any further action that could increase international or regional tensions and to comply with the relevant UNSCRs by abandoning all its nuclear weapons, other weapons of mass destruction, ballistic missile programmes and existing nuclear programmes, in a complete, verifiable and irreversible manner, and ceasing immediately all related activities. The High Representative also declared that the Union stands ready to implement and complement, if necessary, any action that could be taken by the UNSC in response to the launch of an intercontinental ballistic missile on 24 March 2022.












(6)


In view of the continued ballistic-missile-related activities carried out by the DPRK, in violation of and with flagrant disregard for the relevant UNSCRs, eight individuals and four entities should be included in the lists of natural and legal persons, entities and bodies subject to restrictive measures in Annexes XV and XVI to Regulation (EU) 2017/1509.












(7)


Annexes XV and XVI to Regulation (EU) 2017/1509 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annexes XV and XVI to Regulation (EU) 2017/1509 are amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 April 2022.


For the Council


The President

J.-Y. LE DRIAN
            





(1)  
            OJ L 224, 31.8.2017, p. 1.




ANNEX
Annexes XV and XVI to Regulation (EU) 2017/1509 are amended as follows:






(1)


in Annex XV, under the heading ‘List of persons, entities and bodies referred to in Article 34(1) and 34(3)’, subheading ‘(a) Natural persons designated in accordance with point (a) of Article 34(4)’, the following entries are added:










 


Name


Alias


Identifying information


Date of designation


Statement of Reasons




‘28.


KIM Su Gil


KIM Su-Gil


DOB: 1950
Nationality: DPRK
Gender: male


21.4.2022


In his capacity as Director of the Korean People’s Army General Political Bureau between 2018 and 2021 and a Member of the State Affairs Commission between 2019 and 2021, he was responsible for the implementation of the Korean Workers’ Party decisions, related to the development of nuclear and ballistic programmes in violation of United Nations Security Council Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017), and 2397 (2017).




29.


JON Il Ho


JON Il-Ho


DOB: 1955 or 1956
Nationality: DPRK
Gender: male


21.4.2022


In his capacity as a “leading official in the field of national defence science”, he plays a major role in and is responsible for the development of the DPRK’s weapons of mass destruction programmes. Promoted to Colonel General in August 2019, recipient of the February 16 Science and Technology Prize, Director of the Research Institute of Automation and Institute Director of Kim Chaek University of Technology, and Vice Director of a Department of the Central Committee of the Workers’ Party, he participated at the launches of the Hwasong-14 intercontinental ballistic (ICBM) on 4 July 2017 and 28 July 2017, as well as most other missile launches in 2017, 2019 and March 2020.




30.


JONG Sung Il


JONG Sung-Il


DOB: 20.3.1961
Passport Number: 927240105
Nationality: DPRK
Gender: male


21.4.2022


In his capacity as a “Senior Party Official” and “leading official in the field of national defence science” and identified by a UN Member State as a former Vice-Director of the Munitions Industry Department of the Central Committee of Workers’ Party of Korea in 2017, he plays a major role in and is responsible for the development of the DPRK’s weapons of mass destruction programmes, in particular ballistic missiles. He was present during the Hwasong-14 intercontinental ballistic missiles (ICBM) tests on 4 July 2017 and 28 July 2017 and present during ballistic missiles/large Multiple Launch Rocket System launches on 24 August 2019 and 10 September 2019.




31.


YU Jin


YU Jin


DOB: 1960
Nationality: DPRK
Gender: male


21.4.2022


In his capacity as Director of the Munitions Industry Department and Alternative Member of the Political Bureau of the Central Committee of Workers’ Party of Korea, he is responsible for playing a major role in the development of the DPRK’s weapons of mass destruction programmes both in nuclear and ballistic fields. He accompanied Kim Jong Un to the National Aerospace Development Administration prior to the March 2022 ICBM launch and took part in the 2021 National Defence Exhibition, which displayed apparently new weapons systems. As Deputy Director he was present during the Hwasong-14 intercontinental ballistic missiles (ICBM) tests of 4 July 2017 and 28 July 2017, as well as Kim Jong Un’s inspection of a new type of submarine, which the DPRK indicated was intended for the “strategic” purpose of deploying submarine-launched ballistic missiles, possibly capable of carrying nuclear warheads, on 22 July 2019 and the ballistic missile launches of 25 July 2019, 30 July 2019, and 2 August 2019.’














(2)


in Annex XVI, under the heading ‘List of persons, entities or bodies referred to in Article 34(1) and 34(3)’, subheading ‘(a) Natural persons’, the following entries are added:









 


Name


Identifying information


Date of designation


Reasons




‘25.


PAK Hwa Song
a.k.a. PAK Hwa-Song


Co-founder of the CONGO ACONDE company
POB: DPRK
Passport Number: 654331357
Nationality: DPRK
Gender: male
Address: Democratic Republic of the Congo (DRC)


21.4.2022


Pak Hwa Song is engaged in sanctions evasion and responsible for supporting financially the DPRK’s nuclear and ballistic programmes. He is co-founder of the CONGO ACONDE company, a front company of the PAEKHO TRADING CORPORATION. PAEKHO is involved in the export of statues to several Sub-Saharan countries in violation of UN sanctions. Pak also opened a bank account in a Lubumbashi branch of a Cameroon-based bank in violation of UNSC resolutions. Pak works with Hwang Kil Su. He provides financial services supporting the DPRK’s regime and nuclear programmes.




26.


HWANG Kil Su
a.k.a. HWANG Kil-Su


Co-founder of the CONGO ACONDE company
POB: DPRK
Passport Number: 654331363
Nationality: DPRK
Gender: male
Address: Democratic Republic of the Congo (DRC)


21.4.2022


Hwang Kil Su is engaged in sanctions evasion and responsible for supporting financially the DPRK’s nuclear and ballistic programmes. He is co-founder of the CONGO ACONDE company, a front company of the PAEKHO TRADING CORPORATION. PAEKHO is involved in the export of statues to several Sub-Saharan countries in violation of UNSC resolutions. Hwang also opened a bank account in a Lubumbashi branch of a Cameroon-based bank in violation of UNSC resolutions. Hwang works with Pak Hwa Song. He provides financial services supporting the DPRK’s regime and nuclear programmes.




27.


IM Song Sun
a.k.a. IM Song-Sun


Nationality: DPRK
Gender: male


21.4.2022


In his capacity as a representative of the Corman Construction Company (Tong Bang), a front company for the UN-designated Mansudae Overseas Project (MOP) Group, Im Song Sun is engaged in sanctions evasion in violation of the provisions of UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) or 2397 (2017). He has managed construction by this company in Senegal and has received payments on contracts awarded to MOP and Corman Construction, and therefore he is responsible for financial activities supporting the DPRK’s nuclear and ballistic programmes.




28.


CHOE Song Chol
a.k.a. CHOE Song-Chol


Nationality: DPRK
Gender: male


21.4.2022


In his capacity as a representative of the Corman Construction company (Tong Bang), a front company for UN-designated Mansudae Overseas Project Group, Choe Song Chol is engaged in sanctions evasion in violation of the provisions of UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) or 2397 (2017). He has managed construction by this company in Senegal and has received payments on contracts awarded to MOP and Corman Construction, and therefore he is responsible for financial activities supporting the DPRK’s nuclear and ballistic programmes.’














(3)


in Annex XVI, under the heading ‘List of persons, entities or bodies referred to in Article 34(1) and 34(3)’, subheading ‘(b) Legal persons, entities and bodies’, the following entries are added:









 


Name (and possible aliases)


Identifying information


Date of designation


Reasons




‘5.


Eritech Computer Assembly & Communication Technology PLC


Address: Denden Street N028, Asmara, 257, Eritrea


21.4.2022


Eritech Computer Assembly & Communication technology PLC is placed under the authority or under the direction of the Eritrean Defence Forces and is domiciled within their complex of the Asha Golgol Military Technical Centre, used for the production, modification or repair of civil and military and paramilitary equipment. It is engaged in sanctions evasion and responsible for supporting the DPRK’s nuclear and ballistic programmes since it was identified as the intended recipient in July 2016 of a shipment from China of military communications equipment of DPRK origin. Most of the equipment concerned came from GLOCOM, a DPRK company specialised in the supply of military transmission equipment, linked to the DPRK intelligence services in violation, in particular, of UNSCR 2270 (2016).




6.


Korea General Corporation for External Construction (Aliases: KOGEN, GENCO)


Address: Taedonggang District, Pyongyang, Democratic People’s Republic of Korea


21.4.2022


The Korea General Corporation for External Construction (KOGEN), as a professional construction company abroad, relies on sending skilled workers abroad, according to the presentation made by the official DPRK internet portal Naenara, and has carried out projects in the United Arab Emirates, Kuwait, Qatar, Yemen, Russia, Libya and Mongolia. It has also established local branches, such as in Zambia. KOGEN is, thereby, engaged in sanctions evasion and responsible for supporting financially the DPRK’s nuclear and ballistic programmes as it transfers all or part of the wages of workers it sends abroad to the regime, a practice prohibited by UNSCR 2397 (2017).




7.


Chilsong Trading Corporation


Address: Pyongyang, Democratic People’s Republic of Korea


21.4.2022


Chilsong Trading Corporation is engaged in sanctions evasion in violation of UNSCR 2270 (2016) and is responsible for supporting the DPRK’s nuclear and ballistic programmes as it is notably represented by a DPRK citizen, CHOE Jin-myong, who markets military communications equipment and negotiated with the DAERYONGGANG TRADING CORPORATION, an entity sanctioned by the United Nations Security Council on 16 July 2009.




8.


Korea Paekho Trading Corporation
(Alias: Joson Paekho Muyok Hoesa)


Address: Chongryu 3-dong, Taedonggang District, Pyongyang, Democratic People’s Republic of Korea


21.4.2022


Paekho Trading Corporation is an art company involved in constructing statues overseas, in exporting artwork statues produced by Paekho Art Studio, and facilitates illicit labour and access to international financial systems. It specifically targets development grants and loans, as well as foreign-direct investment earmarked for municipal projects. It is, thereby, engaged in sanctions evasion and responsible for supporting financially the DPRK’s nuclear and ballistic programmes.’