Training

2. Embargoes and Bans

The DPRK is subject to the following embargoes and bans:

• Conventional arms and dual-use items; 

• Proliferation technologies, including weapons of mass destruction (WMD), proliferation-relevant dual-use items and Catch-All provisions; 
• Commodities; 
• Luxury goods; 
• Human trafficking and coercive employment. 

Conventional Arms

The DPRK is the only targeted state subject to a two-way conventional arms embargo, meaning both exports to and imports from the DPRK of arms and related materiel are prohibited.

In determining what items fall within the ambit of the embargo, governments should consult the relevant lists maintained by the 1718 Committee regarding:

• conventional arms-related items, materials, equipment, goods and technology (S/2017/829);5 
• dual use items (S/2017/760). 6 

Enforcement

Governments are required to take necessary measures to:

• prevent the direct or indirect supply, sale or transfer of arms to the DPRK, its territory or its nationals and entities;  
• prevent the transport of arms to the DPRK from or through their territory;  
• prevent the transport of arms to the DPRK by their nationals or using its flag vessels or aircraft; 

• seize and register arms identified as in violation of the embargo; 
• destroy or otherwise render inoperable, or store, or transfer to another state for disposal, any arms that are seized (if authorised by the relevant resolution). 

Reporting Obligations

Governments are required to report implementing steps and concrete measures, as well as violations and observations, regarding:

• the embargo against the importation of arms and related materiel into the DPRK, including any dual-use items; 
• the embargo against the exportation of arms and related materiel from the DPRK, including any possible exemptions. 

Proliferation Technologies

As with conventional arms, the DPRK is subject to a two-way proliferation embargo prohibiting both the import to and export from the DPRK of any components that could have applications for developing or maintaining a WMD arsenal.

In determining what items fall within the ambit of the embargo, governments should consult the relevant lists maintained by the 1718 Committee regarding:

• WMD-related items, materials, equipment, goods and technology (S/2017/728);7 
• WMD-related dual-use items, materials, equipment, goods and technology (S/2017/822).8  

Due to the particular stringency of the DPRK sanctions regime, in addition to defence and proliferation equipment, any item may be subject to the embargo under the catch-all provision if it contributes to any of the following in regards to the DPRK:

• Military capacity; 

• WMD development, including nuclear, biological and chemical components; 
• Ballistic missile development. 

Enforcement

Governments are required to take necessary measures to:

• prevent any type of delivery of proliferation-relevant items designated under the above referenced lists from entering the DPRK; 
• prevent any item that may fall under the Catch All provisions from entering the DPRK, and when in doubt, exporters should consult with their national trade control authorities. 

Reporting Obligations

Governments are required to report implementing steps and concrete measures, as well as violations and observations, regarding:

• the embargo on items, materials, equipment, goods and technology which could contribute to the nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, including any dual-use items, or equipment to which the Catch-all Provision applies. 

Commodities

Governments should be aware of commodities restricted or with special restrictions under the 1718 regime.9 As the DPRK and its entities are well-known for attempting to circumvent sanctions, it is incumbent on governments to maintain to determine the origins, owners of and buyers for commodities through trade certification, documentation and due diligence.

Enforcement

Governments are required to take necessary measures to:

• prevent the acquisition of specified commodities from or to the DPRK, its nationals and entities. 

Reporting Obligations

Governments are required to report implementing steps and concrete measures, as well as violations and observations, regarding:

• all efforts to prevent the DPRK from supplying, selling or transferring coal, iron, iron ore, gold, titanium ore, vanadium ore, rare earth minerals, copper, nickel, silver, zinc, lead and lead ore, food and agricultural products (HS codes 12, 08, 07), machinery (HS code 84), electrical equipment (HS code 85), earth and stone including magnesite and magnesia (HS code 25), wood (HS code 44), aviation fuel, including aviation gasoline, naptha-type jet fuel, kerosene-type jet fuel, and kerosene-type rocket fuel, vessels (HS code 89), industrial machinery or transportation vehicles, seafood and textiles; 
• in 90-day intervals, any provision of crude oil to the DPRK and the specific amounts. 

Luxury Goods

The DPRK is the only state subject to sanctions on luxury goods. By design, the 1718 regime affords major interpretative latitude to governments as to what constitutes such goods.

Enforcement

Governments are required to take necessary measures to:

• adopt national definitions of luxury goods;10 

• determine who among its manufacturers, wholesalers, brokers and retailers actually meets this definition and therefore should be informed about the restrictions concerning the DPRK; 
• enforce the ban via implementing measures through their export control regimes in collaboration with border control agencies and transportation industries. 

Reporting Obligations

Governments are required to report implementing steps and concrete measures, as well as violations and observations, regarding:

• any efforts to implement the embargo on luxury goods. 

Human Trafficking and Coercive Employment

There is a general prohibition against providing work permits for DPRK nationals working abroad.

Enforcement

Governments are required to take necessary measures to:

• prevent work authorisations from being granted to DPRK; 
• repatriate identified individuals; 
• repatriate DPRK diplomatic and consular staff assigned as overseers.  

Reporting Obligations

Governments are required to report implementing steps and concrete measures, as well as violations and observations, regarding:

• the repatriation of all DPRK expatriates earning income; 
• the prevention of abuses of diplomatic missions that are providing assistance to or cover to the DPRK’s proliferation project, including the closing of diplomatic missions or expulsion of diplomatic staff.