On 21 February 2018, http://www.legislation.gov.uk/ posted SI 2018/200 – The Export Control (North Korea Sanctions) Order 2018.
On January 31, 2018, the Department of Defense (DoD) published in the Federal Register a final rule [Docket DARS-2017-0019] amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the November 20, 2017 designation by the Department of State of North Korea as a state sponsor of terrorism, in accordance with section 6(j)(1)(A) of the Export Administration Act of 1979. A state sponsor of terrorism is a country, the government of which has repeatedly provided support for acts of international terrorism.
On January 24, 2018, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published in the Federal Register a final rule [FAC 2005–97; FAR Case 2018–001; Docket No. 2018–0004; Sequence No. 1]
On December 28, 2017 the Ministry of Economy published in the Diario Oficial de la Federación (the Federal Official Gazette) an Administrative Regulation that modifies the one that establishes measures to restrict the exportation or importation of diverse goods to or from the indicated countries, entities and persons.
This is an update on the developments with regard to U.S. Customs and Border Protection’s (CBP) enforcement of the U.S. import ban on goods made with forced labor (19 U.S.C. § 1307). The last few months have seen both significant changes in the law and in CBP’s enforcement activity. While the reputational risks of a forced labor entanglement remain as high as ever, these changes mean that (1) the likelihood of encountering enforcement activity has increased, and (2) the elements of a “compliant” forced labor program are evolving. We have summarized the background, recent developments and our recommendations below.
On November 27, 2017, the US State Department published a notice in the Federal Register that North Korea was designated as a State Sponsor of Terrorism (“SST”) on November 17, 2017. North Korea was originally designated as an SST in 1988 in connection with the bombing of a Korean Air flight but was delisted in 2008 by President George W. Bush as part of negotiations over its nuclear program.
On 7 November 2017, Singapore Customs issued Circular 14/2017 which announces a prohibition from 8 November 2017, of all commercially traded goods that are imported, exported, transhipped or brought in transit from or to the Democratic People’s Republic of Korea (N. Korea) through Singapore.
On November 8, 2017, the Financial Crimes Enforcement Network (FinCEN), Treasury published in the Federal Register a final rule to prohibit covered U.S. financial institutions from opening or maintaining a correspondent account for, or on behalf of, Bank of Dandong Co., Ltd. (Bank of Dandong)
On 18 October 2017, taking effect at 6pm CET, the Swiss Federal Council further tightened sanctions against the Democratic People’s Republic of Korea (North Korea), implementing UN Security Council Resolutions 2371 (2017) and 2375 (2017). As a consequence of the North Korean rocket tests on 3 and 28 July and the nuclear test on 2 September this year, in contravention of all previous UN Security Council Resolutions, on 5 August 2017 the UN Security Council issued Resolution 2371 (2017), closely followed by Resolution 2375 on 11 September 2017, tightening considerably the sanctions already imposed on North Korea.
On 16 October 2017, the EU adopted new measures against the DPRK (North Korea) under Council Regulation (EU) 2017/1858 in response to its continued development of ballistic missiles and nuclear weapons in contravention of UN Security Council resolutions. The regulation implements the following measures: