S/AC.49/2017/4 - Report of the Republic of Korea on concrete measures it has taken to implement effectively the provisions of resolution 2321 (2016) strengthening sanctions against DPRK.

United Nations
Security Council

S/AC.49/2017/4

Distr.: General
13 February 2017
Original: English

Security Council Committee established pursuant to resolution 1718 (2006)

Letter dated 13 February 2017 from the Permanent Representative of the Republic of Korea to the United Nations addressed to the Chair of the Committee

I have the honour to refer to Security Council resolution 2321 (2016), in particular, its paragraph 36, which calls upon all Member States to report to the Council on concrete measures that they have taken to implement effectively the provisions of the resolution. In this respect, I have the honour to submit to the Security Council Committee established pursuant to resolution 1718 (2006) the report of the Government of the Republic of Korea on the implementation of resolution 2321 (2016) (see annex).

(Signed) Cho Tae-yul
Permanent Representative

Annex to the letter dated 13 February 2017 from the Permanent Representative of the Republic of Korea to the United Nations addressed to the Chair of the Committee

Report of the Republic of Korea on the implementation of Security Council resolution 2321 (2016)

I. Introduction

The Government of the Republic of Korea ("the Korean Government") is committed to faithfully implementing Security Council resolution 2321 (2016) and all previous Security Council sanctions resolutions on the Democratic People's Republic of Korea, namely, resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016), and to rendering full cooperation to the Security Council Committee established pursuant to resolution 1718 (2006).

The Republic of Korea is a party to international treaties concerning the non-proliferation of weapons of mass destruction, including the Treaty on the Non-Proliferation of Nuclear Weapons, the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction. The Republic of Korea is also a member of all export control regimes, namely, the Nuclear Suppliers Group, the Missile Technology Control Regime, the Australia Group, the Zangger Committee and the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies. The Korean Government has established a concrete system to fully implement its obligations under the relevant Security Council resolutions, and it will continue to contribute to the international efforts to strengthen the global non-proliferation regime.

Since 2006, the Korean Government has taken the necessary legislative and executive measures to implement the Security Council sanctions resolutions on the Democratic People's Republic of Korea and submitted its national implementation reports in 2006, 2009, 2013 and 2016. Following the adoption of resolution 2321 (2016), the Government has taken additional measures to implement the resolution effectively.

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required for the direct transfer of all items between the Republic of Korea and the Democratic People's Republic of Korea. In accordance with the Act, the Government bans the direct transfer to the Democratic People's Republic of Korea of any item prohibited under the relevant Security Council resolutions.

Under the Foreign Trade Act and its administrative measures, namely, the Special Measures for Restrictions on Trade for the Maintenance of International Peace and Security |1| and the Public Notice on the Trade of Strategic Goods, and other relevant laws, |2| the Korean Government bans the indirect transfer through a third party to the Democratic People's Republic of Korea of all items prohibited under the relevant Security Council resolutions.

In addition, under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required for nationals of the Republic of Korea to visit the Democratic People's Republic of Korea or to contact or engage in joint projects with residents of the Democratic People's Republic of Korea. Any person who violates the Act is subject to a maximum of three years in prison or a fine of up to 30 million Korean won.

The Korean Government imposed the measures of 24 May 2010 in response to the sinking of the Republic of Korea navy corvette Cheonan by a torpedo attack by the Democratic People's Republic of Korea in 2010. Pursuant to those measures, all exchanges and cooperation with the Democratic People's Republic of Korea were suspended with the exception of the Kaesong industrial complex. The measures involve extensive sanctions against the Democratic People's Republic of Korea, including: (a) strict restrictions on visits by nationals of the Republic of Korea to the Democratic People's Republic of Korea; (b) the suspension of inter -Korean trade; (c) the prohibition of new investments in the Democratic People's Republic of Korea; and (d) a ban on the operation of vessels of the Democratic People's Republic of Korea in the territorial waters of the Republic of Korea.

However, following the fourth nuclear test and the long-range ballistic missile launches by the Democratic People's Republic of Korea in early 2016, the Korean Government took measures to cease operations of the Kaesong industrial complex on 10 February 2016. Currently, there are no exchanges or cooperation between the Republic of Korea and the Democratic People's Republic of Korea.

II. Measures taken to implement Security Council resolution 2321 (2016)

A. Restrictions on weapons of mass destruction and conventional arms and additional items, materials, equipment, goods and technology relating to weapons of mass destruction (paras. 4, 7, 10 and 11)

1. Prohibition of the transfer of dual-use items that have applications relating to weapons of mass destruction and conventional arms for the Democratic People's Republic of Korea (paras. 4 and 7)

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required for the direct transfer of all items between the Republic of Korea and the Democratic People's Republic of Korea. The Ministry of Unification enacted the Public Notice on the Procedures for the Approval of Transfers of Strategic Goods to the Democratic People's Republic of Korea in August 2007 and has been updating the control list annually. Under the Public Notice, any person who intends to transfer an item to the Democratic People's Republic of Korea is required to verify whether the item is listed as a strategic item prior to such a transfer.

Any individual who has transferred strategic goods through deceptive or other illicit means is subject to a maximum of three years in prison or a fine of up to 30 million Korean won.

In accordance with the Special Measures for Restrictions on Trade for the Maintenance of International Peace and Security, the Korean Government bans the indirect transfer to the Democratic People's Republic of Korea of all items prohibited under the relevant Security Council resolutions. The Special Measures include all the arms and related items specified in the relevant Council resolutions as prohibited items and also cover the items in the conventional arms dual-use list contained in S/2016/1069. |3|

In addition, the Ministry of Trade, Industry and Energy will revise the Special Measures in the first quarter of 2017 to reflect the items specified in the list contained in annex III to resolution 2321 (2016). Additionally, in order to further enhance vigilance regarding the procurement activities of the Democratic People's Republic of Korea, the watch list tailored by the Republic of Korea for the Democratic People's Republic of Korea, which is divided into the three categories of nuclear activities, missiles and submarines, will also be included in the Special Measures. Any person who is discovered to have transferred through a third country items banned by the Special Measures will be subject to a maximum of five years in prison or a fine of up to three times the price of the items.

In December 2016, the Ministry of Trade, Industry and Energy informed relevant export companies of the sanctions measures imposed by the relevant Security Council resolutions against the Democratic People's Republic of Korea to increase awareness thereof in the export industry of the Republic of Korea. In addition, the Ministry plans to host outreach events targeted at the industry to educate relevant companies in order to prevent them from violating the sanctions.

Under the Customs Act, the Korean Government may inspect goods, means of transportation, storage facilities and related documents or take other necessary measures to prevent violations of the relevant Security Council sanctions resolutions on the Democratic People's Republic of Korea, including resolution 2321 (2016). Under the Act, the Korea Customs Service may conduct inspections when dual-use items that have applications relating to conventional arms are transferred.

Currently, all inter-Korean trade has been suspended.

2. Inclusion of the advanced, proliferation-sensitive areas in which the specialized teaching and training of residents of the Democratic People's Republic of Korea are prohibited (para. 10)

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required for contacting or engaging in joint projects with residents of the Democratic People's Republic of Korea or for transferring tangible and intangible items to the Democratic People's Republic of Korea. Under the Act, the Ministry of Unification may prohibit teaching and training on proliferation-sensitive nuclear activities and the development of nuclear weapon delivery systems.

The Ministry of Trade, Industry and Energy will revise the Special Measures for Restrictions on Trade for the Maintenance of International Peace and Security in the first quarter of 2017 to explicitly prohibit teaching and training on proliferation-sensitive nuclear activities and the development of nuclear-weapon delivery systems, including in the areas of advanced materials science, advanced chemical engineering, advanced mechanical engineering, advanced electrical engineering and advanced industrial engineering.

The Defence Acquisition Programme Administration prohibits the provision of any training or advice to the Democratic People's Republic of Korea with regard to all types of arms and related items. The Administration enacted the Defence Technology Security Act in December 2015 in order to further strengthen the obligations to observe the relevant Security Council resolutions and the punitive consequences when the resolutions are violated. It has also provided export controls training to relevant companies to prevent technology from being leaked to the Democratic People's Republic of Korea.

3. Restriction of scientific and technical cooperation involving the Democratic People's Republic of Korea (para. 11)

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required for contacting or engaging in joint projects with residents of the Democratic People's Republic of Korea or for transferring tangible and intangible items to the Democratic People's Republic of Korea. Under the Act, the Ministry of Unification may prohibit scientific and technical cooperation involving the Democratic People's Republic of Korea.

B. Inspection and interdiction (paras. 12, 13, 21 and 25)

1. Prohibition of the entry into port of a designated vessel (para. 12)

Under the Act on the Arrival, Departure, etc., of Ships and its Enforcement Decree, the Ministry of Oceans and Fisheries may require vessels to obtain permission for entry into ports when necessary for national security. Under the Act, the Ministry may prohibit vessels designated by the Committee from entering the ports of the Republic of Korea.

Following the guidelines for the inspection of cargoes, the Republic of Korea navy and the coast guard jointly operate to stop and interdict vessels that have been denied entry when such vessels attempt to enter ports of the Republic of Korea.

The Korean Government prohibits all vessels flagged by the Democratic People's Republic of Korea from entering the ports or passing through the maritime jurisdictional area of the Republic of Korea.

Currently, all operation of vessels between the Republic of Korea and the Democratic People's Republic of Korea has been suspended.

2. Inspection of personal luggage and checked baggage going to and coming from the Democratic People's Republic of Korea (para. 13)

Under the Customs Act, the Korean Government may inspect goods, means of transportation, storage facilities and related documents or take other necessary measures to prevent violations of the relevant Security Council sanctions resolutions on the Democratic People's Republic of Korea, including resolution 2321 (2016). Under the Act, the Korea Customs Service may inspect personal luggage and checked baggage going to and coming from the Democratic People's Republic of Korea.

In accordance with the Act, the personal luggage and checked baggage of individuals going to and coming from the Democratic People's Republic of Korea and visitors who are nationals of the Democratic People's Republic of Korea are subject to mandatory inspection starting from 22 December 2016.

3. Inspection of cargo transiting to and from the Democratic People's Republic of Korea by rail and road (para. 21)

Under the Customs Act, the Korean Government may inspect goods, means of transportation, storage facilities and related documents or take other necessary measures to prevent violations of the relevant Security Council sanctions resolutions on the Democratic People's Republic of Korea, including resolution 2321 (2016). Under the Act, the Korea Customs Service may inspect cargo transiting to and from the Democratic People's Republic of Korea by rail and road.

Currently, all transportation between the Republic of Korea and the Democratic People's Republic of Korea, including by rail and road, has been suspended.

4. Restriction of designated individuals transiting through an international airport terminal en route to another destination (para. 25)

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required for residents of the Democratic People's Republic of Korea to visit the Republic of Korea. Under the Act, the Korean Government may refuse to allow designated individuals who are subject to sanctions to transit through international airport terminals of the Republic of Korea en route to another destination.

The 11 individuals listed in annex I to resolution 2321 (2016) will not be allowed to enter the Republic of Korea unless they have obtained the approval of and a certificate from the Ministry of Unification.

C. Diplomatic sanctions (paras. 14-18)

1. Reduction of the number of staff at diplomatic missions and consular posts of the Democratic People's Republic of Korea (para. 14)

Currently, there are no diplomatic missions or consular posts of the Democratic People's Republic of Korea in the Republic of Korea.

2. Restriction on government and military officials of the Democratic People's Republic of Korea from entering or passing through the territory of a Member State if they are deemed to be associated with the nuclear or ballistic missile programmes of the Democratic People's Republic of Korea or other prohibited activities (para. 15)

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required for residents of the Democratic People's Republic of Korea to visit the Republic of Korea. Under the Act, the Ministry of Unification may refuse to allow government and military officials of the Democratic People's Republic of Korea who are associated with the nuclear or ballistic missile programmes of the Democratic People's Republic of Korea or other prohibited activities to enter or pass through the Republic of Korea.

Government and military officials of the Democratic People's Republic of Korea who are associated with the nuclear or ballistic missile programmes of the Democratic People's Republic of Korea or other prohibited activities will not be allowed to enter the Republic of Korea unless they have obtained the approval of and a certificate from the Ministry of Unification.

3. Limit on the number of bank accounts that diplomatic missions and consular posts of the Democratic People's Republic of Korea, as well as all diplomats and consular officers of the Democratic People's Republic of Korea, can hold to one account each (para. 16)

Currently, there are no diplomatic missions or diplomats of the Democratic People's Republic of Korea in the Republic of Korea.

4. Prohibition of diplomats of the Democratic People's Republic of Korea from engaging in commercial or other professional activities and roles outside of their diplomatic responsibilities (para. 17)

Currently, there are no diplomats of the Democratic People's Republic of Korea in the Republic of Korea.

5. Ban on the Democratic People's Republic of Korea from generating revenue from leasing real estate that belongs to its diplomatic missions or consular posts (para. 18)

Currently, there are no diplomatic missions of the Democratic People's Republic of Korea in the Republic of Korea.

D. Sanctions on transportation (paras. 8, 9, 20, 22 and 23)

1. Prohibition of leasing aircraft or vessels or providing crew services to the Democratic People's Republic of Korea (para. 8)

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required to provide services to or engage in joint projects with residents of the Democratic People's Republic of Korea. Under the Act, the Ministry of Unification may prohibit the leasing of aircraft or vessels or the provision of crew services to the Democratic People's Republic of Korea.

The Ministry of Oceans and Fisheries informed relevant organizations, including the Korea Shipowners' Association, with which ship companies of the Republic of Korea are registered, of their obligations under resolution 2321 (2016), including the prohibition of leasing aircraft or vessels and providing crew services to the Democratic People's Republic of Korea.

2. Prohibition of registering vessels in the Democratic People's Republic of Korea, as well as owning, operating, insuring or providing any services to vessels flagged by the Democratic People's Republic of Korea (para. 9)

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required for contacting or engaging in joint projects with residents of the Democratic People's Republic of Korea. Under the Act, the Ministry of Unification may prohibit registering vessels in the Democratic People's Republic of Korea, as well as owning, operating, insuring or providing any services to vessels flagged by the Democratic People's Republic of Korea.

The Ministry of Oceans and Fisheries has informed relevant organizations, including the Korea Shipowners' Association, with which ship companies of the Republic of Korea are registered, of their obligations under resolution 2321 (2016).

3. Inspection of the cargo of aircraft flagged by the Democratic People's Republic of Korea when they land in or take off from the territory of a Member State, and provision of no more fuel than is necessary to civil passenger aircraft flagged by the Democratic People's Republic of Korea (para. 20)

Under the Customs Act, the Korean Government may inspect goods, means of transportation, storage facilities and related documents or take other necessary measures to prevent violations of the relevant Security Council sanctions resolutions on the Democratic People's Republic of Korea, including resolution 2321 (2016). Under the Act, the Korea Customs Service may inspect the cargo of aircraft flagged by the Democratic People's Republic of Korea when they land in or take off from the territory of the Republic of Korea.

The Ministry of Land, Infrastructure and Transport informed nine national carriers, including Korean Air and its partner airlines, of their obligations under resolution 2321 (2016) on 2 December 2016. The Ministry examined whether the national carriers had been implementing their obligations on 10 January 2017. In addition, the Ministry provided training from 22 December 2016 to 12 January 2017 to the relevant employees to increase their implementation capability.

The Ministry of Trade, Industry and Energy revised the Special Measures for Restrictions on Trade for the Maintenance of International Peace and Security in April 2016 to include aircraft fuels in the list of prohibited items.

Currently, all operation of aircraft between the Republic of Korea and the Democratic People's Republic of Korea has been suspended.

4. Ban on the provision of insurance services to any vessels owned, controlled or operated by the Democratic People's Republic of Korea (para. 22)

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required to provide services to residents of the Democratic People's Republic of Korea. Under the Act, the Ministry of Unification may prohibit the provision of insurance services to any vessels owned, controlled or operated by the Democratic People's Republic of Korea.

5. Ban on the procurement of vessel or aircraft crew services from the Democratic People's Republic of Korea (para. 23)

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required for contacting or engaging in joint projects with residents of the Democratic People's Republic of Korea. Under the Act, the Ministry of Unification may prohibit vessels or aircraft flagged by the Republic of Korea from procuring crew services from the Democratic People's Republic of Korea.

The Ministry of Land, Infrastructure and Transport informed nine national carriers, including Korean Air and its partner airlines, of the obligations under resolution 2321 (2016) on 2 December 2016. The Ministry examined whether the national carriers had been implementing their obligations on 10 January 2017.

E. Export control (paras. 26-30)

1. Imposing a binding cap on coal exports by the Democratic People's Republic of Korea (paras. 26 and 27)

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required for the direct transfer of all items between the Republic of Korea and the Democratic People's Republic of Korea. Under the Act, the Ministry of Unification prohibits the direct transfer of coal from the Democratic People's Republic of Korea.

Under the Special Measures for Restrictions on Trade for the Maintenance of International Peace and Security, the Korean Government bans the indirect transfer from the Democratic People's Republic of Korea of all items prohibited under the relevant Security Council resolutions. The Ministry of Trade, Industry and Energy revised the Special Measures in April 2016 to prohibit the indirect transfer of coal from the Democratic People's Republic of Korea.

Under the Customs Act, the Korean Government may inspect goods, means of transportation, storage facilities and related documents or take other necessary measures to prevent violations of the relevant Security Council sanctions resolutions on the Democratic People's Republic of Korea, including resolution 2321 (2016). Under the Act, the Korea Customs Service may discover and prevent transfers of coal from the Democratic People's Republic of Korea. The Korea Customs Service has increased efforts to review import documents and inspect goods in order to interdict coal disguised as other items.

The Ministry of Unification will enact a decree for the implementation of the interdiction of disguised imports from the Democratic People's Republic of Korea in the first half of 2017 and institutionalize an inter-ministry cooperation system to eradicate disguised transfers of goods through third countries from the Democratic People's Republic of Korea.

Currently, all inter-Korean trade has been suspended.

2. Ban on the export by the Democratic People's Republic of Korea of non-ferrous metals – copper, nickel, silver and zinc (para. 28)

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required for the direct transfer of all items between the Republic of Korea and the Democratic People's Republic of Korea. Under the Act, the Ministry of Unification may prohibit the direct transfer of copper, nickel, silver and zinc from the Democratic People's Republic of Korea.

Under the Special Measures for Restrictions on Trade for the Maintenance of International Peace and Security, the Korean Government bans the indirect transfer from the Democratic People's Republic of Korea of all items prohibited under the relevant Security Council resolutions. The Ministry of Trade, Industry and Energy will revise the Special Measures in the first quarter of 2017 to add copper, nickel, silver and zinc to the list of prohibited items.

Under the Customs Act, the Korean Government may inspect goods, means of transportation, storage facilities and related documents or take other necessary measures to prevent violations of the relevant Security Council sanctions resolutions on the Democratic People's Republic of Korea, including resolution 2321 (2016). Under the Act, the Korea Customs Service may discover and prevent transfers of copper, nickel, silver and zinc from the Democratic People's Republic of Korea. The Korea Customs Service has increased efforts to review import documents and inspect goods in order to interdict the import of prohibited metals disguised as other items.

Furthermore, the Ministry of Unification will enact a decree for the implementation of the interdiction of disguised imports from the Democratic People's Republic of Korea in the first half of 2017 and institutionalize an inter-ministry cooperation system to eradicate disguised transfers of goods through third countries from the Democratic People's Republic of Korea.

Currently, all inter-Korean trade has been suspended.

3. Ban on the export by the Democratic People's Republic of Korea of statues (para. 29)

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required for the direct transfer of all items between the Republic of Korea and the Democratic People's Republic of Korea. Under the Act, the Ministry of Unification may prohibit the direct transfer of statues from the Democratic People's Republic of Korea.

Under the Special Measures for Restrictions on Trade for the Maintenance of International Peace and Security, the Korean Government bans the indirect transfer from the Democratic People's Republic of Korea of all items prohibited under the relevant Security Council resolutions. The Ministry of Trade, Industry and Energy will revise the Special Measures in the first quarter of 2017 to add statues to the list of prohibited items.

Under the Customs Act, the Korean Government may inspect goods, means of transportation, storage facilities and related document or take other necessary measures to prevent violations of the relevant Security Council resolutions, including resolution 2321 (2016). Under the Act, the Korea Customs Service may discover and prevent transfers of statues from the Democratic People's Republic of Korea.

Currently, all inter-Korean trade has been suspended.

4. Ban on the sale of new vessels and helicopters to the Democratic People's Republic of Korea (para. 30)

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required for the direct transfer of all items between the Republic of Korea and the Democratic People's Republic of Korea. Under the Act, the Ministry of Unification may prohibit the direct transfer of new vessels and helicopters to the Democratic People's Republic of Korea.

Under the Special Measures for Restrictions on Trade for the Maintenance of International Peace and Security, the Korean Government bans the indirect transfer to the Democratic People's Republic of Korea of all items prohibited under the relevant Security Council resolutions. The Ministry of Trade, Industry and Energy will revise the Special Measures in the first quarter of 2017 to add new vessels and helicopters to the list of prohibited items.

Currently, all inter-Korean trade has been suspended.

F. Financial sanctions (paras. 31-33)

1. Requirement of the closure of bank offices, accounts and subsidiaries in the Democratic People's Republic of Korea within 90 days (para. 31)

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required for citizens of the Republic of Korea to engage in joint projects with residents of the Democratic People's Republic of Korea or to visit the Democratic People's Republic of Korea. Under the Act, the Ministry of Unification may prohibit financial institutions of the Republic of Korea from creating bank offices, accounts or subsidiaries in the Democratic People's Republic of Korea.

Currently, there are no bank offices, accounts or subsidiaries of the Republic of Korea in the Democratic People's Republic of Korea.

2. Prohibition of public and private financial support for trade with the Democratic People's Republic of Korea (para. 32)

Under the Inter-Korean Cooperation Fund Act, when companies of the Republic of Korea that are engaged in inter-Korean trade apply for insurance or loans, the Korean Government makes decisions on whether to provide insurance or loans and on limits to the amounts to be provided based on the relevant legislation and regulations. Under the Act, any provision of public or private financial support by individuals or entities under the jurisdiction of the Republic of Korea for trade with the Democratic People's Republic of Korea is prohibited, unless the Committee has granted its approval on a case-by-case basis in advance.

3. Expulsion of individuals working on behalf of or under the direction of a bank or financial institution of the Democratic People's Republic of Korea (para. 33)

Under the Immigration Control Act, the Korean Government prevents the entry into or transit through the territory of the Republic of Korea of foreigners working on behalf of or under the direction of designated individuals or entities or foreigners assisting the evasion of sanctions or violating the provisions of the relevant Security Council resolutions by including them in the entry denial list. In addition, a person who has become or is subsequently found to be subject to grounds for prohibition of entry may be deported from the Republic of Korea.

G. Designation of additional individuals and entities (annexes I and II)

Under the Prohibition on the Financing of Offences of Public Intimidation and Proliferation of Weapons of Mass Destruction Act, the 11 individuals and 12 entities listed in annexes I and II to resolution 2321 (2016) were additionally designated by the Financial Services Commission, and therefore they are subject to the asset freeze.

Under the Foreign Exchange Transactions Act and the Guideline for the Allowance of Payment and Receipt to Fulfil the Obligation of Maintaining International Peace and Safety, financial transactions in foreign currency with individuals or entities designated by the Korean Government are prohibited, unless approved by the Governor of the Bank of Korea. The 11 individuals and 12 entities listed in annexes I and II to resolution 2321 (2016) were additionally designated on 1 December 2016, and therefore transactions with those individuals and entities are currently prohibited.

H. Embargo on luxury goods (annex IV)

Under the Inter-Korean Exchange and Cooperation Act, the Korean Government's authorization is required for the direct transfer of all items between the Republic of Korea and the Democratic People's Republic of Korea. Under the Act, the Ministry of Unification may prohibit the transfer of luxury goods to the Democratic People's Republic of Korea.

The Ministry of Trade, Industry and Energy will revise the Special Measures for Restrictions on Trade for the Maintenance of International Peace and Security in the first quarter of 2017 to add the luxury goods (rugs and tapestries and tableware made of porcelain or bone china) specified in annex IV to resolution 2321 (2016) to the list of prohibited items. The Ministry of Trade, Industry and Energy revised the Special Measures in 2009, 2013 and 2016 to include the categories of luxury goods prohibited under Security Council resolutions 1874 (2009), 2094 (2013) and 2270 (2016).

Currently, all inter-Korean trade has been suspended.

Notes:

1. Under the Foreign Trade Act, the Minister of Trade, Industry and Energy may take administrative measures when it is necessary to perform duties to maintain international peace and security under treaties on trade entered into in accordance with generally accepted international laws and regulations. [Back]

2. The Nuclear Safety Act, the Defence Acquisition Programme Act and the Chemical Control Act. [Back]

3. S/2016/1069 contains a conventional arms dual-use list that was adopted by consensus by the five permanent members of the Security Council on 15 December 2016 and was thereafter circulated among the members of the Committee pursuant to paragraph 7 of resolution 2321 (2016). [Back]

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13Feb17

Report of the Republic of Korea on concrete measures it has taken to implement effectively the provisions of resolution 2321 (2016) strengthening sanctions against DPRK

I. Introduction

II. Measures taken to implement Security Council resolution 2321 (2016)

A. Restrictions on weapons of mass destruction and conventional arms and additional items, materials, equipment, goods and technology relating to weapons of mass destruction (paras. 4, 7, 10 and 11)

B. Inspection and interdiction (paras. 12, 13, 21 and 25)

C. Diplomatic sanctions (paras. 14-18)

D. Sanctions on transportation (paras. 8, 9, 20, 22 and 23)

E. Export control (paras. 26-30)

F. Financial sanctions (paras. 31-33)

G. Designation of additional individuals and entities (annexes I and II)

H. Embargo on luxury goods (annex IV)