19.2.2013 EN Official Journal of the European Union L 46/28
COUNCIL DECISION 2013/88/CFSP
of 18 February 2013
amending Decision 2010/800/CFSP 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 29 thereof,
Having regard to Council Decision 2010/800/CFSP of 22 December 2010 concerning restrictive measures against the Democratic People's Republic of Korea (1), and in particular Articles 10(1) and 12(3) thereof,
Whereas:
(1) On 22 December 2010, the Council adopted Decision 2010/800/CFSP.
(2) On 10 December 2012, the Council expressed its deep concern about the intent of the Democratic People's Republic of Korea (the "DPRK") to launch a "working satellite", as such a launch makes use of ballistic missile technology, representing another clear violation of the DPRK's international obligations as set out in particular under United Nations Security Council (UNSC) Resolution (UNSCR) 1695 (2006), UNSCR 1718 (2006) and UNSCR 1874 (2009), and directly contravening the international community's unified call not to conduct such launches.
(3) On 22 January 2013, the UNSC adopted UNSCR 2087 (2013), condemning the DPRK's launch of 12 December 2012, which used ballistic missile technology and was in violation of UNSCR 1718 (2006) and UNSCR 1874 (2009).
(4) On 12 February 2013, the DPRK carried out a nuclear test, in violation of its international obligations under UNSCR 1718 (2006), UNSCR 1874 (2009) and UNSCR 2087 (2013) and representing a serious threat to regional and international peace and security.
(5) Paragraph 5(a) of UNSCR 2087 (2013) provides that additional persons and entities are to be subject to restrictive measures.
(6) In addition, paragraph 5(b) of UNSCR 2087 (2013) establishes that the prohibition to supply, sell or transfer certain items, materials, equipment, goods and technology in accordance with paragraph 8(a)(ii) of UNSCR 1718 (2006) is also to apply to the items specified in paragraph 5(b) of UNSCR 2087 (2013).
(7) Paragraph 8 of UNSCR 2087 (2013) clarifies certain methods for States to dispose of items seized consistent with provisions of UNSCR 1718 (2006) and UNSCR 1874 (2009) and in accordance with paragraph 14 of UNSCR 1874 (2009).
(8) Paragraph 12 of UNSCR 2087 (2013) also calls on States to exercise vigilance and restraint regarding the entry into or transit through their territories of individuals working on behalf or at the direction of designated individuals or entities.
(9) In line with paragraph 13 of UNSCR 2087 (2013), it is necessary to establish that no claims in connection with the performance of any contract or transaction affected by measures decided on pursuant to relevant UNSC resolutions or measures of the Union or any Member State in accordance with relevant decision of the UNSC or covered by this Decision, may be granted to designated persons or entities or any other person or entity in the DPRK.
(10) In accordance with the Council's conclusions on the DPRK of 10 December 2012, it is appropriate to adopt additional restrictive measures.
(11) An additional criterion for autonomous designation by the Union of persons and entities subject to restrictive measures should be included in Decision 2010/800/CFSP.
(12) The sale, supply or transfer to the DPRK of certain other goods relevant to the DPRK's weapons of mass destruction-related programmes, in particular its ballistic-missile sector, should be prohibited, especially certain types of aluminium.
(13) Furthermore, it should be clarified that where this decision provides for a prohibition on financial services, this includes the provision of insurance and re-insurance services.
(14) Moreover, the sale, purchase, transportation or brokering of gold, precious metals and diamonds to, from or for the Government of the DPRK should be prohibited.
(15) In addition, the delivery of newly printed or minted or unissued DPRK denominated banknotes and coinage to or for the benefit of the Central Bank of the DPRK should be prohibited.
(16) The sale or purchase of DPRK public or public-guaranteed bonds should be prohibited.
(17) Moreover, the opening of new branches, subsidiaries, or representative offices of DPRK banks in the territories of Member States, and the establishment of new joint ventures, or the taking of an ownership interest by the DPRK banks, including the Central Bank of DPRK, with banks within the jurisdiction of Member States, should be prohibited. Furthermore, Member States should take the appropriate measures to prohibit financial institutions within their territories or under their jurisdiction from opening representatives offices or subsidiaries in the DPRK.
(18) Following a decision by the UNSC Committee established pursuant to UNSCR 1718 (2006), six entities should be removed from the lists set out in Annexes II and III to Decision 2010/800/CFSP and should be added to the list set out in Annex I to that Decision. It is also necessary to amend the entries for those entities.
(19) Furthermore, in accordance with Article 12(3) of Decision 2010/800/CFSP, the Council has carried out a complete review of the list of other persons and entities set out in Annexes II and III to that Decision and has concluded that those persons and entities should continue to be subject to the appropriate restrictive measures provided for in that Decision.
(20) Decision 2010/800/CFSP should therefore be amended accordingly,
Decision 2010/800/CFSP is hereby amended as follows:
(1) Article 1 is hereby amended as follows:
(a) in paragraph 1, point (b) is replaced by the following:
"(b) all items, materials, equipment, goods and technology as determined by the Security Council or the Committee established pursuant to paragraph 12 of UNSCR 1718 (2006) (the ‧Sanctions Committee‧) in accordance with paragraph 8(a)(ii) of UNSCR 1718 (2006) and paragraph 5(b) of UNSCR 2087 (2013), which could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes;";
(b) in paragraph 1, the following point is added:
"(d) certain key components for the ballistic-missile sector, such as certain types of aluminum used in ballistic-missile related systems. The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.";
(c) in paragraph 2, point (b) is replaced by the following:
"(b) provide financing or financial assistance related to items and technology referred to in paragraph 1, including, in particular, grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of these items and technology, 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;".
(2) The following articles are inserted:
(3) Article 4 is hereby amended as follows:
(a) in paragraph 1, the following point is added:
"(d) the persons not covered by Annex I, II or III who are involved in, including through the provision of financial services, the supply to or from the DPRK of arms and related material of all types, or of items, materials, equipment, goods and technology which could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, to the DPRK, as listed in Annex IIIA.";
(b) paragraph 7 is replaced by the following:
(c) paragraph 9 is replaced by the following:
(d) the following paragraph is added:
(4) In Article 5(1), the following point is added:
"(d) the persons and entities not covered by Annex I, II or III that are involved in, including through the provision of financial services, the supply to or from the DPRK of arms and related material of all types, or of items, materials, equipment, goods and technology which could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, to the DPRK, as listed in Annex IIIA.".
(5) The following article is inserted:
(6) Article 7(5) is replaced by the following:
(7) The following article is inserted:
(8) Article 9(2) is replaced by the following:
(9) Article 10(2) is replaced by the following:
(10) Article 11 is replaced by the following:
(11) Article 12(3) is replaced by the following:
The persons and entities listed in Annex I to this Decision shall be added to the lists set out in Annex I to Decision 2010/800/CFSP.
The entities listed in Annex II to this Decision shall be deleted from the lists set out in Annexes II and III to Decision 2010/800/CFSP.
Annex III to this Decision is added as Annex IIIA to Decision 2010/800/CFSP.
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.