Citation and commencement

1. —(1) This Order may be cited as The North Korea (United Nations Measures) (Overseas Territories) (Amendment) Order 2009 and shall come into force on 10th July 2009.

(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—

(a) by deleting the definition of “restricted goods” and replacing it with the following definition—

“ “ restricted goods ” means the goods specified in Part I of Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 ( 3 ) made under the Export Control Act 2002 ( 4 ) , as extended to the territories listed in Schedule 1 thereto by the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004 ( 5 ) and all items, materials, equipment, goods and technology, including software, listed in Annex I to Council Regulation (EC) No 329/2007 6 ) ; ” ;

(b) by adding the following definition between the definitions of “ship” and “shipment”:—

“ “ ship supply services ” means the provision to a ship of bunker oil or any other supply, provision or service, other than basic provisions for the crew, to facilitate a voyage by that ship; ” .

3. Article 7 of the principal Order is replaced with the following article 7:—

“ Use of ships, aircraft and vehicles: restricted goods and prohibited luxury goods

7. —(1) Without prejudice to the generality of article 4 or 8, and except under the authority of a licence granted by the Governor under article 4, 5 or 8, no ship or aircraft to which this article applies, and no vehicle within the Territory, shall be used—

(i) for the carriage of restricted goods or prohibited luxury goods if the carriage is, or forms part of, carriage from any place outside North Korea to any destination therein; or

(ii) for the carriage of restricted goods if the carriage is, or forms part of, carriage from North Korea to any destination outside North Korea.

(2) This article applies to ships registered in the Territory, to aircraft so registered and to any other ship or aircraft that is for the time being chartered to any person who is—

(a) a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person and is ordinarily resident in the Territory; or

(b) a body incorporated or constituted under the law of the Territory.

(3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) then—

(a) in the case of a ship registered in the Territory or any aircraft so registered, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or

(b) in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in paragraph (2)(a) or (b), the master of the ship or, as the case may be, the operator and the commander of the aircraft; or

(c) in the case of a vehicle, the operator of the vehicle,

shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose—

(i) that the carriage of the goods in question was, or formed part of, carriage from any place outside North Korea to any destination therein; or

(ii) that the carriage of the goods in question was, or formed part of, carriage from North Korea to any destination outside North Korea.

(4) Nothing in paragraph (1) shall apply where the supply or delivery or exportation from the Territory of the goods concerned to North Korea or the procurement of the goods concerned from North Korea was authorised by a licence granted by the Governor under article 4, 5, or 8.

(5) Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles. ”

4. A new article 8A is added to the principal Order after article 8 as follows:—

“ Supply services to North Korea ships

8A. —(1) Except under the authority of a licence granted by the Governor under this article, the provision of ship supply services to any ship registered in North Korea is prohibited in circumstances where there is information which provides reasonable grounds to believe that the ship is carrying restricted goods to or from North Korea, or prohibited luxury goods to North Korea.

(2) Any person knowingly concerned in the provision or attempted provision of such services in such circumstances shall be guilty of an offence under this Order. ”

5. Article 23(1) of the principal Order is amended by deleting the words “article 4(1), 5(3), 6, 7(3), 8(3), 9(2), 10(2), 12 or 15” and replacing them with the following: “article 4(1), 5(3), 6, 7(3), 8(3), 8A(2), 9(2), 10(2), 12 or 15”.

6. Paragraph 1 of Schedule 2 to the principal Order is amended by deleting the words “article 4(1), 5(3), 6, 7(3), 8(3), 9(2), 10(2), 12 or 15” and replacing them with the following: “article 4(1), 5(3), 6, 7(3), 8(3), 8A(2), 9(2), 10(2), 12 or 15”.