Citation and commencement

1. —(1) This Order may be cited as The North Korea (United Nations Measures) (Overseas Territories) (Amendment) Order 2007 and shall come into force on 4th May 2007.

(2) In this Order “the principal Order” means The North Korea (United Nations Measures) (Overseas Territories) Order 2006( 2 ).

Amendment of the principal Order

2. Article 2(1) of the principal Order is amended as follows:

(1) by adding the following definition between the definitions of “commander” and “designated person”:

“ “ competent authority ” means the authority responsible for customs and excise under the laws of the Territory; ”

(2) by adding the following definitions between the definitions of “the Security Council Resolution” and “Supreme Court”:

“ “ ship ” includes every description of vessel used in navigation;

“ shipment ” includes loading into an “aircraft”;

“ stores ” means goods for use in a “ship” or “aircraft” and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a “ship” or “aircraft” as merchandise for sale by retail to persons carried therein; ”

(3) by replacing the full stop at the end of the definition of “Supreme Court” with a semi-colon, and adding after the definition of “Supreme Court” the following definition:

“ “ vehicle ” means a land transport vehicle. ”

(4) by deleting the definition of “procurement” and replacing it with the following definition:

“ “ procurement ” means procurement by whatever means, including but not limited to, by purchase, import or transport, and including by using any ship, aircraft or vehicle to which article 7 of this Order applies; ” and

(5) by deleting the definition of “prohibited luxury goods” and replacing it between the definitions of “procurement” and “relevant institution” with the following definition:

“ “ prohibited luxury goods ” means the goods listed in the list published from time to time by the Governor in accordance with article 3(d) or (e); ”

3. Article 3 of the principal Order is amended as follows:

(1) by deleting paragraph (d) and replacing it with the following:

“ (d) cause a list of prohibited luxury goods as set out in Annex III to Council Regulation (EC) No.329/2007 ( 3 ) adopted by the Council of the European Union on 27 March 2007 to be published in the gazette of the Territory ; ”

(2) by adding new paragraphs (e) and (f) as follows:

“ (e) in the event of amendments to Annex III to Council Regulation (EC) No. 329/2007 , cause a revised list of prohibited luxury goods reflecting such amendments to be published in the gazette of the Territory as necessary from time to time;

(f) cause a notice to be published in the gazette of the Territory, stating that an opinion may be obtained from the competent authority as to whether particular goods are considered to be prohibited luxury goods. ”

(3) by deleting the declaratory provision at the end of the article regarding amendment by the Governor of the list of prohibited luxury goods and replacing it with the following provision: “Any expression used in the published list of prohibited luxury goods shall have the same meaning as it has in Annex III to Council Regulation (EC) No.329/2007.”

4. Article 5 of the principal Order is amended by inserting new paragraphs (5) and (6) as follows:

“ (5) Any person who wishes to know if particular goods are considered by the competent authority to be prohibited luxury goods may apply to the competent authority for its opinion in that regard.

(6) Upon receipt of such an application the competent authority shall within a reasonable time provide the applicant with an opinion in writing as to whether it considers that a licence under paragraph (1) of this article, or under article 4(1), is or is not required. ”

5. Schedule 4 of the principal Order is deleted.