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On 2 March 2016, the United Nations Security Council (UNSC) adopted Resolution 2270 (2016) regarding the Democratic People’s Republic of Korea (“DPRK” or North Korea). The Resolution condemns “in the strongest terms the nuclear test conducted by the DPRK on 6 January 2016 in violation and flagrant disregard of the Council’s relevant resolutions, and further condemns the DPRK’s launch of 7 February 2016, which used ballistic missile technology and was in serious violation of resolutions 1718 (2006), 1874 (2009), 2087 (2013), and 2094 (2013).” The Resolution reinforces and expands various existing sanctions, adds new individuals to the travel ban/asset freeze list and new entities to the asset freeze list, permits expulsion of diplomats, government representatives or DPRK nationals acting in a governmental capacity as well as non-nationals for prohibited activities and evasion of sanctions, requires the closing of representative offices of listed entities, prohibits listed entities from participating directly or indirectly in joint ventures, requires Member States to prohibit their nationals from leasing or chartering their flagged vessels or aircraft or providing crew services to the DPRK or listed individuals or entities. The Resolution further requires that all States “inspect the cargo within or transiting through their territory, including in their airports, seaports and free trade zones, that has originated in the DPRK, or that is destined for the DPRK, or has been brokered or facilitated by the DPRK or its nationals, or by individuals or entities acting on their behalf or at their direction, or entities owned or controlled by them, or by designated individuals or entities, or that is being transported on DPRK flagged aircraft or maritime vessels, for the purposes of ensuring that no items are transferred in violation of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and this resolution, and calls upon States to implement such inspections in a manner that minimizes the impact on the transfer of cargo that the State determines is for humanitarian purposes.” The Resolution requires all States to “deny permission to any aircraft to take off from, land in or overfly, unless under the condition of landing for inspection, their territory, if they have information that provides reasonable grounds to believe that the aircraft contains items the supply, sale, transfer or export of which is prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution, except in the case of an emergency landing, and calls upon all States, when considering whether to grant overflight permission to flights to assess known risk factors.” Additionally, the Resolution requires States to generally prohibit their nationals from registering vessels in the DPRK, obtaining authorization for a vessel to use the DPRK flag, and from owning, leasing, operating, providing any vessel classification, certification or associated service, or insuring any vessel flagged by the DPRK, There are numerous other prohibitions in the Resolution relating to the sale or supply of coal, iron, iron ore, gold, titanium ore, vanadium ore, rare earth minerals, various aviation fuels; conducting or trading in banking and financial institutions, export credits, insurance guarantees and other financial activities. Finally, the Resolution reaffirms the Security Council’s support to the Six Party Talks, calls for their resumption, and reiterates its support for the commitments set forth in the Joint Statement of 19 September 2005 issued by China, the DPRK, Japan, the Republic of Korea, the Russian Federation, and the United States, including that the goal of the Six-Party Talks is the verifiable denuclearization of the Korean Peninsula in a peaceful manner. Check our Sanctions blog for future updates and further implementation details. |
