COUNCIL DECISION 2013/183/CFSP
of 22 April 2013
concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2010/800/CFSP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1)
On 22 December 2010, the Council adopted Decision 2010/800/CFSP concerning restrictive measures against the Democratic People's Republic of Korea (1) (the ‘DPRK’) which, inter alia, implemented United Nations Security Council Resolution (‘UNSCR’) 1718 (2006) and 1874 (2009).
(2)
On 19 December 2011, the Council adopted Decision 2011/860/CFSP (2) which amended Decision 2010/800/CFSP.
(3)
On 12 February 2013, the DPRK carried out a nuclear test, in violation of its international obligations under UNSCR 1718 (2006), 1874 (2009) and 2087 (2013), and which represents a serious threat to regional and international peace and security.
(4)
On 18 February 2013, the Council adopted Decision 2013/88/CFSP (3) which amended Decision 2010/800/CFSP and inter alia implemented UNSCR 2087 (2013).
(5)
On 7 March 2013, the UN Security Council adopted UNSCR 2094 (2013), condemning in the strongest terms the nuclear test conducted by the DPRK on 12 February 2013 in violation and flagrant disregard of the relevant UNSC Resolutions.
(6)
In addition, UNSCR 2094 (2013) extends the obligation to prevent any transfers to the DPRK of technical training, advice, services or assistance as imposed in paragraph 8(c) of UNSCR 1718 (2006) to the items, materials, equipment, goods and technology as referred to in paragraph 20 of UNSCR 2094 (2013) and to the items referred to in paragraph 22 of that Resolution, and notes that these measures also apply to brokering or intermediary services.
(7)
UNSCR 2094 (2013) also extends the financial restrictions provided for by paragraph 8 (d) of UNSCR 1718 (2006) to additional persons and entities and to persons and entities acting on behalf of, or at the direction of designated persons and entities, and to entities owned or controlled by them.
(8)
UNSCR 2094 (2013) also extends the travel restrictions provided for by paragraph 8 (e) of UNSCR 1718 (2006) to additional persons and to persons acting on behalf of, or at the direction of designated persons.
(9)
In addition, UNSCR 2094 (2013) sets out that the travel restrictions provided for by paragraph 8 (e) of UNSCR 1718 (2006) shall also apply to persons whom a State determines are working on behalf of, or at the direction of a designated person or entity, or assisting the evasion of sanctions or violating the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013) or 2094 (2013).
(10)
UNSCR 2094 (2013) also determines that a DPRK national working on behalf of, or at the direction of a designated person or entity, or assisting the evasion of sanctions or violating the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013) or 2094 (2013), shall be expelled.
(11)
Furthermore, UNSCR 2094 (2013) decides that States shall prevent the provision of financial services or the transfer to, through or from their territories of any financial or other assets or resources, including bulk cash, in relation to activities that could contribute to the DPRK’s nuclear or ballistic missile programmes, or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013) or 2094 (2013), or to the evasion of measures imposed by those Resolutions.
(12)
UNSCR 2094 (2013) also calls upon States to take measures to prohibit in their territories the opening of new branches, subsidiaries, or representative offices of DPRK banks and to prohibit DPRK banks from establishing new joint ventures and from taking an ownership interest in, or establishing or maintaining correspondent relationships with banks in their jurisdiction. Equally, States should take measures to prohibit the opening of representative offices or subsidiaries or banking accounts in the DPRK by banks within their territories or under their jurisdiction.
(13)
In addition, UNSCR 2094 (2013) prohibits the provision of public financial support for trade with the DPRK where such financial support could contribute to the DPRK’s nuclear or ballistic missile programmes, or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013) or 2094 (2013), or to the evasion of measures imposed by those Resolutions.
(14)
UNSCR 2094 (2013) also imposes an obligation to inspect all cargo originating in the DPRK, or that is destined for the DPRK, or brokered or facilitated by the DPRK or its nationals, or by individuals or entities acting on their behalf, where there are reasonable grounds to believe the cargo contains prohibited items. Where a vessel refuses an inspection, it shall be denied entry.
(15)
UNSCR 2094 (2013) also calls upon States to deny permission to any aircraft to take off from, land in or overfly their territory, if there are reasonable grounds to believe that the aircraft contains prohibited items.
(16)
UNSCR 2094 (2013) also extends the prohibition on the supply, sale or transfer of certain military items and technology as set out in paragraphs 8(a) and (b) of UNSCR 1718 (2006) to additional items and technology.
(17)
Moreover, UNSCR 2094 (2013) also calls upon all States to prevent the supply, sale or transfer to or from the DPRK or its nationals of any item if the State determines that such item could contribute to the DPRK’s nuclear or ballistic missile programmes, or to activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013) or 2094 (2013).
(18)
UNSCR 2094 (2013) clarifies the term “luxury goods”.
(19)
UNSCR 2094 (2013) also calls upon all States to exercise enhanced vigilance over DPRK diplomatic personnel.
(20)
This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and in particular the right to an effective remedy and to a fair trial, the right to property and the right to the protection of personal data. This Decision should be applied in accordance with those rights and principles.
(21)
This Decision also fully respects the obligations of Member States under the Charter of the United Nations and the legally binding nature of Security Council Resolutions
(22)
For the sake of clarity, Decision 2010/800/CFSP should be repealed and replaced by a new Decision.
(23)
Further action by the Union is needed in order to implement certain measures,
HAS ADOPTED THIS DECISION:
CHAPTER I
EXPORT AND IMPORT RESTRICTIONS
Article 1
1. The direct or indirect supply, sale or transfer of the following items and technology, including software, to the DPRK by nationals of Member States or through or from the territories of Member States, or using the flag vessels or aircraft of Member States, shall be prohibited, whether or not originating in the territories of the Member States:
(a)
arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, with the exception of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the Union and its Member States in the DPRK;
(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), paragraph 5(b) of UNSCR 2087 (2013) and paragraph 20 of UNSCR 2094 (2013), which could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes;
(c)
certain other 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 or which could contribute to its military activities, which shall include all dual-use goods and technology listed in Annex I to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (4). The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision;
(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;
(e)
any other item that could contribute to the DPRK’s nuclear or ballistic missile programmes, activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013) or 2094 (2013) or by this Decision, or to the evasion of measures imposed by these UNSC Resolutions or by this Decision. The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.
2. It shall also be prohibited to:
(a)
provide technical training, advice, services, assistance or brokering services, or other intermediary services, related to items and technology referred to in paragraph 1 or to the provision, manufacture, maintenance and use of those 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 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;
(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 from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, of items or technology referred to in paragraph 1, as well as the provision to nationals of Member States by the DPRK of technical training, advice, services, assistance, financing and financial assistance referred to in paragraph 2, shall also be prohibited, whether or not originating in the territory of the DPRK.
Article 2
The direct or indirect sale, purchase, transportation or brokering of gold and precious metals, as well as of diamonds, to, from or for the Government of the DPRK, its public bodies, corporations and agencies, the Central Bank of the DPRK, as well as to, from or for persons and entities acting on their behalf or at their direction, or entities owned or controlled by them shall be prohibited. The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.
Article 3
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 shall be prohibited.
Article 4
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 the flag vessels or aircraft of Member States, shall be prohibited whether originating or not in the territories of Member States. The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.
CHAPTER II
RESTRICTIONS ON FINANCIAL SUPPORT FOR TRADE
Article 5
Member States shall not provide public financial support for trade with the DPRK, including the granting of export credits, guarantees or insurance, to their nationals or entities involved in such trade, where such financial support could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes or activities, or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013) or 2094 (2013) or by this Decision, or to the evasion of measures imposed by those Resolutions or by this Decision.
CHAPTER III
FINANCIAL SECTOR
Article 6
Member States shall not enter into new commitments for grants, financial assistance or concessional loans to the DPRK, including through their participation in international financial institutions, except for humanitarian and developmental purposes directly addressing the need of the civilian population or the promotion of denuclearisation. Member States shall also exercise vigilance with a view to reducing current commitments and, if possible, putting an end to them.
Article 7
1. In order to prevent the provision of financial services or the transfer to, through, or from the territory of Member States, or to or by nationals of Member States or entities organised under their laws, or persons or financial institutions within their jurisdiction, of any financial or other assets or resources, including bulk cash, that could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes or activities, or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013) or 2094 (2013) or by this Decision, or to the evasion of measures imposed by those Resolutions or by this Decision, Member States shall exercise enhanced monitoring, in accordance with their national authorities and legislation, of the activities of financial institutions within their jurisdiction with:
(a)
banks domiciled in the DPRK;
(b)
branches and subsidiaries within the jurisdiction of the Member States of banks domiciled in the DPRK, as listed in Annex IV;
(c)
branches and subsidiaries outside the jurisdiction of the Member States of banks domiciled in the DPRK, as listed in Annex V; and
(d)
financial entities that are neither domiciled in the DPRK nor within the jurisdiction of the Member States but are controlled by persons and entities domiciled in the DPRK, as listed in Annex V,
in order to avoid such activities contributing to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes or activities.
2. For the above purpose, financial institutions shall be required, in their activities with banks and financial entities set out in paragraph 1, to:
(a)
exercise continuous monitoring over account activity, including through their programmes on customer due diligence and under their obligations relating to money-laundering and financing of terrorism;
(b)
require that all information fields of payment instructions which relate to the originator and beneficiary of the transaction in question be completed, and if that information is not supplied, refuse the transaction;
(c)
maintain all records of transactions for a period of five years and make them available to national authorities on request;
(d)
if they suspect or have reasonable grounds to suspect that funds could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes or activities, promptly report their suspicions to the Financial Intelligence Unit (FIU) or another competent authority designated by the Member State concerned. The FIU or such other competent authority shall have access, directly or indirectly, on a timely basis to the financial, administrative and law enforcement information that it requires to undertake this function properly, including the analysis of suspicious transaction reports.
Article 8
1. The opening of new branches, subsidiaries, or representative offices of DPRK banks, including the Central Bank of DPRK, its branches and subsidiaries, and of other financial entities referred to in Article 7(1), in the territories of Member States shall be prohibited.
2. It shall be prohibited for DPRK banks, including the Central Bank of DPRK, its branches and subsidiaries, and for other financial entities referred to in Article 7(1):
(a)
to establish new joint ventures with banks under the jurisdiction of Member States;
(b)
to take an ownership interest in banks under the jurisdiction of Member States;
(c)
to establish correspondent banking relationships with banks under the jurisdiction of Member States;
(d)
to maintain correspondent banking relationships with banks under the jurisdiction of Member States if Member States have information that provides reasonable grounds to believe that this could contribute to the DPRK’s nuclear or ballistic missiles programmes or other activities prohibited by UNSC Resolutions 1718(2006), 1874(2009), 2087(2013) or 2094(2013) or by this Decision, or to the evasion of measures imposed by those UNSC Resolutions or by this Decision.
3. Financial institutions within the territories of Member States or under their jurisdiction shall be prohibited from opening representative offices, subsidiaries, branches or banking accounts in the DPRK.
Article 9
The direct or indirect sale or purchase of, or brokering or assistance in the issuance of DPRK public or public-guaranteed bonds issued after 18 February 2013 to and from the Government of the DPRK, its public bodies, corporations and agencies, the Central Bank of the DPRK, or banks domiciled in the DPRK, or branches and subsidiaries within and outside the jurisdiction of Member States of banks domiciled in the DPRK, or financial entities that are neither domiciled in the DPRK nor within the jurisdiction of the Member States, but are controlled by persons and entities domiciled in the DPRK as well as any persons and entities acting on their behalf or at their direction, or entities owned or controlled by them, shall be prohibited.
CHAPTER IV
TRANSPORT SECTOR
Article 10
1. Member States shall inspect, in accordance with their national authorities and legislation and consistent with international law, all cargo to and from the DPRK in their territory, or transiting through their territory, or cargo brokered or facilitated by the DPRK or DPRK nationals, or persons or entities acting on their behalf, including at their airports and seaports, if they have information that provides reasonable grounds to believe that the cargo contains items whose supply, sale, transfer or export is prohibited under UNSCR 1718 (2006), 1874 (2009), 2087 (2013) or 2094 (2013) or under this Decision.
2. Member States shall inspect vessels, with the consent of the flag State, on the high seas, if they have information that provides reasonable grounds to believe that the cargo of such vessels contains items whose supply, sale, transfer or export is prohibited under this Decision.
3. Member States shall cooperate, in accordance with their national legislation, with inspections pursuant to paragraphs 1 and 2.
4. Aircrafts and vessels transporting cargo to and from the DPRK shall be subject to the requirement of additional pre-arrival or pre-departure information for all goods brought into or out of a Member State.
5. In cases where inspection referred to in paragraphs 1 and 2 is undertaken, Member States shall seize and dispose of items whose supply, sale, transfer or export is prohibited under this Decision in accordance with paragraph 14 of UNSCR 1874 (2009) and paragraph 8 of UNSCR 2087 (2013).
6. Member States shall deny entry into their ports of any vessel that has refused to allow an inspection after such an inspection has been authorized by the vessel’s flag State, or if any DPRK-flagged vessel has refused to be inspected pursuant to paragraph 12 of UNSCR 1874 (2009).
7. Paragraph 6 shall not apply where entry is required for the purpose of an inspection, or in the case of an emergency or in the case of return to its port of origin.
Article 11
1. Member States shall deny permission to land in, take off from or overfly their territory to any aircraft, if they have information that provides reasonable grounds to believe that the cargo contains items whose supply, sale, transfer or export is prohibited under UNSCR 1718 (2006), 1874 (2009), 2087 (2013) or 2094 (2013) or under this Decision.
2. Paragraph 1 shall not apply in the case of an emergency landing.
Article 12
The provision by nationals of Member States or from the territories of Member States of bunkering or ship supply services, or other servicing of vessels, to DPRK vessels shall be prohibited if they have information that provides reasonable grounds to believe that the vessels carry items whose supply, sale, transfer or export is prohibited under this Decision unless provision of such services is necessary for humanitarian purposes or until the cargo has been inspected, and seized and disposed of if necessary, in accordance with Article 10 (1), (2) and (5).
CHAPTER V
RESTRICTIONS ON ADMISSION AND RESIDENCE
Article 13
1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:
(a)
the persons designated by the Sanctions Committee or by the Security Council as being responsible for, including through supporting or promoting, the DPRK's policies in relation to its nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, together with their family members, or persons acting on their behalf of or at their direction, as listed in Annex I;
(b)
the persons not covered by Annex I, as listed in Annex II:
(i)
who are responsible for, including through supporting or promoting, the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes or persons acting on their behalf, or at their direction,
(ii)
who provide financial services or the transfer to, through, or from the territory of Member States, or involving nationals of Member States or entities organised under their laws, or persons or financial institutions in their territory, of any financial or other assets or resources that could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes,
(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 the supply to the DPRK 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;
(c)
the persons not covered by Annex I or Annex II working on behalf or at the direction of a person or entity listed in Annex I or Annex II or persons assisting the evasion of sanctions or violating the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013) or 2094 (2013) or of this Decision, as listed in Annex III to this Decision.
2. Paragraph 1(a) shall not apply where the Sanctions Committee determines on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligations, or where the Sanctions Committee concludes that an exemption would otherwise further the objectives of UNSCR 1718 (2006), 1874 (2009), 2087 (2013) or 2094 (2013).
3. Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
4. Paragraph 1 shall be without prejudice to cases where a Member State is bound by an obligation of international law, namely:
(a)
as a host country of an international intergovernmental organisation;
(b)
as a host country to an international conference convened by, or under the auspices of, the United Nations;
(c)
under a multilateral agreement conferring privileges and immunities;
(d)
under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.
5. Paragraph 4 shall also be considered as applying in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).
6. The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 4 or 5.
7. Member States may grant exemptions from the measures imposed in paragraph 1(b) where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in the DPRK.
8. A Member State wishing to grant exemptions referred to in paragraph 7 shall notify the Council thereof in writing. The exemption shall be deemed to be granted unless one or more of the Council Members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council Members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
9. Paragraph 1(c) shall not apply in case of transit of representatives of the Government of the DPRK to the United Nations Headquarters to conduct United Nations business.
10. In cases where, pursuant to paragraphs 4, 5, 7 and 9 a Member State authorises the entry into, or transit through, its territory of persons listed in Annex I, II or III, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
11. Member States shall exercise vigilance and restraint regarding the entry into, or transit through their territories of individuals working on behalf or at the direction of a designated individual or entity as listed in Annex I.
Article 14
1. Member States shall expel DPRK nationals whom they determine are working on behalf of, or at the direction of a person or entity listed in Annex I or Annex II, or whom they determine are assisting the evasion of sanctions or violating the provisions of UNSC Resolutions 1718 (2006), 1874 (2009), 2087 (2013) or 2094 (2013) or of this Decision, from their territories for the purpose of repatriation to the DPRK, consistent with applicable national and international law.
2. Paragraph 1 shall not apply where the presence of a person is required for fulfillment of a judicial process or exclusively for medical, safety or other humanitarian purposes.
CHAPTER VI
FREEZING OF FUNDS AND ECONOMIC RESOURCES
Article 15
1. All funds and economic resources belonging to, owned, held or controlled, directly or indirectly, by:
(a)
the persons and entities designated by the Sanctions Committee or by the Security Council as being engaged in or providing support for, including through illicit means, the DPRK's nuclear-related, ballistic missiles-related or other weapons of mass destruction-related programmes, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, including through illicit means, as listed in Annex I;
(b)
the persons and entities not covered by Annex I, as listed in Annex II:
(i)
that are responsible for, including through supporting or promoting, the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, including through illicit means,
(ii)
that provide financial services or the transfer to, through, or from the territory of Member States, or involving nationals of Member States or entities organised under their laws, or persons or financial institutions in their territory, of any financial or other assets or resources that could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them,
(iii)
that are involved, including through the provision of financial services, in the supply to or from the DPRK of arms and related material of all types, or the supply to the DPRK 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;
(c)
the persons and entities not covered by Annex I or Annex II working on behalf or at the direction of a person or entity listed in Annex I or Annex II or persons assisting the evasion of sanctions or violating the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013) or 2094 (2013) or of this Decision, as listed in Annex III to this Decision, shall be frozen.
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of persons and entities referred to in paragraph 1.
3. Exemptions may be made for funds and economic resources which are:
(a)
necessary to satisfy basic needs, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
(b)
intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services; or
(c)
intended exclusively for the payment of fees or service charges, in accordance with national laws, for the routine holding or maintenance of frozen funds and economic resources,
after notification where appropriate by the Member State concerned to the Sanctions Committee of the intention to authorise access to such funds and economic resources and in the absence of a negative decision by the Sanctions Committee within five working days of such notification.
4. Exemptions may also be made for funds and economic resources which are:
(a)
necessary for extraordinary expenses. Where appropriate, the Member State concerned shall first notify and get approval from the Sanctions 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 on which the person or entity referred to in paragraph 1 was designated by the Sanctions Committee, the Security Council or by the Council, and is not for the benefit of a person or entity referred to in paragraph 1. Where appropriate the Member State concerned shall first notify the Sanctions Committee.
5. Paragraph 2 shall not apply to the addition to frozen accounts of:
(a)
interest or other earnings on those accounts; or
(b)
payments due under contracts, agreements or obligations that were concluded or arose prior to 14 October 2006,
provided that any such interest, other earnings and payments continue to be subject to paragraph 1.
CHAPTER VII
OTHER RESTRICTIVE MEASURES
Article 16
Member States shall take the necessary measures to exercise vigilance and prevent specialised teaching or training of DPRK nationals, within their territories or by their nationals, of disciplines which would contribute to the DPRK's proliferation-sensitive nuclear activities and the development of nuclear weapon delivery systems.
Article 17
Member States shall, in accordance with international law, exercise enhanced vigilance over DPRK diplomatic personnel so as to prevent such individuals from contributing to the DPRK’s nuclear or ballistic missile programmes, or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013) and 2094 (2013) or by this Decision, or to the evasion of measures imposed by those UNSC Resolutions or by this Decision.
CHAPTER VIII
GENERAL AND FINAL PROVISIONS
Article 18
No claims, including for compensation or indemnification or any other claim of this kind, such as a claim of set-off, fines or a claim under a guarantee, claims for extension or payment of a bond, financial guarantee, including claims arising from letters of credit and similar instruments, in connection with any contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by reason of measures decided on pursuant to UNSCR 1718 (2006), 1874 (2009), 2087 (2013) and 2094 (2013), including measures of the Union or any Member State in accordance with, as required by or in any connection with, the implementation of the relevant decisions of the Security Council or measures covered by this Decision, shall be granted to the designated persons or entities listed in Annexes I, II or III, or any other person or entity in the DPRK, including the Government of the DPRK, its public bodies, corporations and agencies, or any person or entity claiming through or for the benefit of any such person or entity.
Article 19
1. The Council shall adopt modifications to Annex I on the basis of the determinations made by the Security Council or by the Sanctions Committee.
2. The Council, acting by unanimity on a proposal from Member States or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish the lists in Annex II or III and adopt modifications thereto.
Article 20
1. Where the Security Council or the Sanctions Committee lists a person or entity, the Council shall include such person or entity in Annex I.
2. Where the Council decides to subject a person or entity to the measures referred to in points (b) and (c) of Article 13(1) and point (b) of Article 15(1), it shall amend Annex II or III accordingly.
3. The Council shall communicate its decision to the person or entity referred to in paragraphs 1 and 2, including the grounds for listing, either directly, if the address is known, or through the publication of a notice, providing such person or entity an opportunity to present observations.
4. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity accordingly.
Article 21
1. Annexes I, II and III shall include the grounds for listing of listed persons and entities, as provided by the Security Council or by the Sanctions Committee with regard to Annex I.
2. Annexes I, II and III shall also include, where available, information necessary to identify the persons or entities concerned, as provided by the Security Council or by the Sanctions Committee for Annex I. With regard to persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. Annex I shall also include the date of designation by the Security Council or by the Sanctions Committee.
Article 22
1. This Decision shall be reviewed, and, if necessary, amended, in particular 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 Security Council Resolutions.
2. The measures referred to in points (b) and (c) of Article 13(1) and point (b) of 15(1) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply in respect of the persons and entities concerned if the Council determines, in accordance with the procedure referred to in Article 19(2), that the conditions for their application are no longer met.
Article 23
Decision 2010/800/CFSP is hereby repealed.
Article 24
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Done at Luxembourg, 22 April 2013.