24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : TRA CR 1006/12

15 January 2010

Dear Sirs,

TRADE AND INDUSTRY DEPARTMENT CIRCULAR

UNITED NATIONS SANCTIONS (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) (AMENDMENT) REGULATION 2010

This is to announce for general information that on 15 January 2010 the Government gazetted the United Nations Sanctions (Democratic People's Republic of Korea) (Amendment) Regulation (L.N. 5 of 2010).

  1. This Regulation, amends the United Nations Sanctions (Democratic People's Republic of Korea) Regulation (Cap. 537 sub. Leg. AE) to give effect to certain decisions of the Security Council (SC) of the United Nations (UN) in Resolution 1874 (2009) as adopted by the SC on 12 June 2009. The Amendment Regulation provides for: 

  1. an expanded scope of items subject to sanctions to include all arms and related material;

  2. prohibition against the procurement of technical training, service, assistance or advice from the DPRK related to the provision, manufacture, maintenance or use of any specified arms;

  3. prohibition against engaging in certain financial transaction related to the provision, manufacture, maintenance or use of any specified arms the supply, sale, transfer, carriage or procurement of which is prohibited; and

  4. prohibition against providing bunkering and other services to a ship registered in DPRK under certain circumstances.

  1. One of the main provisions of the Amendment Regulation includes sections 3A, 5B and 6A which exempt small arms or their related materiel from prohibitions under sections 2, 3, 5A(2) and 6, subject to their notification to the Chief Executive in writing of their intention to perform the otherwise prohibited act at least 30 days before the conduct of such acts. As stipulated in section 1 of the Regulation, "small arms" means any arms specified in items ML1 and ML2 of the Munitions List in Schedule 1 to the Import and Export (Strategic Commodities) Regulations (Cap. 60 sub. leg. G). Notwithstanding the above written notification, importation and/or exportation of the Munitions List items is subject to the licensing requirement stipulated under Section 6A of the Import and Export Ordinance (Cap. 60).

  2. An English version and a Chinese version of the related documents, including the International Atomic Energy Agency documents INFCIRC/254/Rev. 9 and INFCIRC/254/Rev.7 as well as UNSC documents S/2009/205 and S/2009/364 are available at the Information Counter on G/F, Trade and Industry Department Tower for public inspection. These documents can also be found at UN website http://www.un.org.

WARNING

  1. Contravention to the prohibitions imposed by the Regulation attracts substantial penalties which may amount in some cases to imprisonment for 7 years and/or a fine. 

IMPORTANT NOTE

  1. This circular is NOT a statement of the Laws of Hong Kong and has NO legal status. Anyone interested in the Regulation should refer to the Government Gazette for details. The prohibitions in the Regulation will apply to any person and company/registered business irrespective of and notwithstanding the possession of valid licences issued by the Director-General of Trade and Industry under the Import and Export Ordinance (Cap. 60) and its subsidiary legislation and other Enactments.

ENQUIRIES

  1. Enquiries concerning this circular can be directed to the undersigned at tel. no. 2398 5766. For specific enquiries concerning licensing requirements under Cap. 60 sub. leg. G, please contact Strategic Trade Controls Branch at tel. no. 2398 5575.

Yours faithfully,




(Miss May LOK)

for Director-General of Trade and Industry

Electronic services for Production Notification, Certificate of Origin, Textiles Notifications, and Cargo Manifests enable traders to lodge/make the relevant applications directly through their office computer faster and easier. Tradelink Electronic Commerce Ltd runs services for the above documents. Global e-Trading Services Ltd and Brio Electronic Commerce Ltd provide services for Cargo Manifests. Please call the service providers for enquiries on their services:

Brio Electronic Commerce Limited (Tel: 2111 1288)
Global e-Trading Services Limited (Tel: 8109 1820)
Tradelink Electronic Commerce Limited (Tel: 2599 1700)

Note : While every endeavour has been made to ensure the accuracy of the above information, the Department will not accept any responsibility for any loss or consequence caused by any reliance placed on such information.

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Last revision date: 15 January 2010