Statutory Instruments
2010 No. 132
Customs
The Export Control (North Korea) (Amendment) Order 2010
Made
26th January 2010
Laid before Parliament
27th January 2010
Coming into force
28th January 2010
The Secretary of State is a Minister designated( 1 ) for the purposes of section 2(2) of the European Communities Act 1972( 2 ) in relation to measures relating to the interruption or reduction, in part or completely, of economic relations with one or more countries which are not Member States.
The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by sections 1, 2, 3, 4, 5 and 7 of the Export Control Act 2002( 3 ), makes the following Order:
Citation and commencement I1
1. This Order may be cited as the Export Control (North Korea) (Amendment) Order 2010 and shall come into force on 28th January 2010.
Amendments I2
2.The Export Control (North Korea) Order 2007( 4 ) is amended as set out in the Schedule to this Order.
Ian Lucas
Minister for Business and Regulatory Reform
Department for Business, Innovation and Skills
26th January 2010
Article 2
SCHEDULE AMENDMENTS TO THE EXPORT CONTROL (NORTH KOREA) ORDER 2007 I3,I4,I5,I6,I7
1. In article 1(2), in the definition of “the Regulation”, after “Council Regulation (EC) No 329/2007 ” insert “as amended by Commission ( Regulation (EC) No 117/2008 5 ) and Council Regulation (EU) No 1283/2009( 6 )”.
2. In article 4(1)—
(a) for sub-paragraphs (a) and (b) substitute—
“ (a) Article 2(1)(a) (prohibition on sale etc. to North Korea of sensitive dual-use items),
(b) Article 2(3) (prohibition on purchase etc. from North Korea of sensitive dual-use items), ” ;
(b) In sub-paragraphs (c) and (d), substitute “other sensitive goods” with “sensitive dual-use items”;
(c) In sub-paragraph (d) delete “or” and, following that sub-paragraph, insert—
“ (da) Article 3(1)(c) (prohibition on obtaining etc. from North Korea technical assistance related to military equipment and sensitive dual-use items),
(db) Article 3(1)(d) (prohibition on obtaining etc. from North Korea financing or financial assistance related to military equipment and sensitive items), or ” .
3. In article 4(3) insert “ , 3(1)(c), 3(1)(d)” after “3(1)(b)”
4. In article 4(5)(a) substitute “3(1)(e)” for “3(1)(c)” and “Article 3(1)(a), (b), (c) or (d)” for “Article 3(1)(a) or (b)”.
5. Following article 4(5) insert—
“ (6) In any case where a person would, apart from this paragraph, be guilty of—
(a) an offence under this article; and
(b) a corresponding offence under the North Korea (United Nations Sanctions) Order 2009 ( 7 )
he shall not be guilty of the offence under this article. ” .
S.I. 1994/757 , to which there are amendments not relevant to this Order.
1972 c. 68 ; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51) , section 27(1).
S.I. 2007/1334 , amended by S.I. 2008/3231 .
OJ No L 35, 9.2.2008, p57.
OJ No L 346, 23.12.2009, p.1; Council Regulation (EC) No 329/2007 was also amended by Commission Regulations (EC) No 389/2009 and (EC) No 689/2009 , but those amendments have been superseded by amendments in Council Regulation (EU) No 1283/2009.
S.I. 2009/1749 , amended by S.I. 2009/3213 .