Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) (SOR/2006-287)

Marginal note:Exception — diplomatic missions

5 Sections 2 and 4 do not apply to an activity that is intended solely for the support of diplomatic or consular missions in the DPRK and that is conducted by or in coordination with the United Nations, even if that activity involves the Foreign Trade Bank of the DPRK or the Korea National Insurance Corporation.

Marginal note:Exception — humanitarian assistance

5.1 Sections 2 and 4 do not prohibit the provision, processing or payment of funds, other financial assets or economic resources or the provision of goods and services that are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs in the DPRK by

• (a) the United Nations, including its programs, funds and other entities and bodies, as well as its specialized agencies and related organizations;

• (b) international organizations;

• (c) humanitarian organizations that have been granted observer status by the United Nations General Assembly and members of those humanitarian organizations;

• (d) bilaterally or multilaterally funded non-governmental organizations that are participating in any United Nations humanitarian response plan, refugee response plan or other United Nations appeals for assistance or in groups of humanitarian organizations coordinated by the United Nations Office for the Coordination of Humanitarian Affairs, including the employees, grantees, subsidiaries and implementing partners of those non-governmental organizations while acting in those capacities;

• (e) any other person authorized for that purpose by a United Nations committee established by the Security Council acting within its mandate.

Marginal note:Exception — advance approval

5.2 Sections 2 and 4 do not apply to an activity if the Committee of the Security Council has approved the activity in advance.

Marginal note:Prohibited activities — entities referred to in section 19

6 It is prohibited for any entity referred to in section 19 to open a new office, branch, subsidiary or bank account in the DPRK.

6.1 [Repealed, SOR/2016-278, s. 2]

6.2 [Repealed, SOR/2013-219, s. 9]

6.3 [Repealed, SOR/2016-278, s. 2]

Marginal note:Joint ventures and cooperative entities

• 7 (1) It is prohibited for any person in Canada or any Canadian outside Canada to form, maintain or operate a joint venture or a cooperative entity with the DPRK or with any person in the DPRK.

• Marginal note:Maintaining operations

  (2) A joint venture or cooperative entity may continue to operate, however, if the Committee of the Security Council has approved the maintenance of the operation.

Marginal note:Embargo — specific products

• 8 (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly sell, supply or transfer, directly or indirectly, any of the following products, wherever situated, to the DPRK or to any person in the DPRK:

  • (a) arms and related material;

  • (b) the vehicles, aircrafts, vessels and associated transport equipment referred to in HS codes 86 to 89;

  • (c) luxury goods;

  • (d) aviation fuel including aviation gasoline, napthatype jet fuel, kerosene-type jet fuel and kerosene-type rocket fuel, except for aviation fuel provided to a DPRK passenger aircraft for its return flight to the DPRK;

  • (e) crude oil and refined petroleum products;

  • (f) condensates and natural gas liquids;

  • (g) the base metals and articles of base metal referred to in HS codes 72 to 83;

  • (h) the machinery, mechanical appliances and electrical equipment referred to in HS codes 84 and 85.

• Marginal note:DPRK’s weapons programme

  (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly sell, supply or transfer, directly or indirectly, any of the following products, wherever situated, that are destined for the DPRK or for any person in the DPRK:

  • (a) those that are listed in Information Circular INFCIRC/ 254/Rev.12/Part 1, entitled Communication Received from the Permanent Mission of the Czech Republic to the International Atomic Energy Agency regarding Certain Member States’ Guidelines for the Export of Nuclear Material, Equipment and Technology;

  • (b) those that are listed in Information Circular INFCIRC/ 254/Rev.9/Part 2, entitled Communication Received from the Permanent Mission of the Czech Republic to the International Atomic Energy Agency regarding Certain Member States’ Guidelines for Transfers of Nuclear-related Dual-use Equipment, Materials, Software and Related Technology;

  • (c) those that appear on the lists set out in the Security Council documents S/2014/253, S/2016/308, S/2016/1069, S/2017/728, S/2017/760, S/ 2017/822 and S/2017/829;

  • (d) those that have been identified under paragraph 8 of Security Council Resolution 1718 by the Committee of the Security Council or by the Security Council;

  • (e) those that appear in Annex III of Security Council Resolution 2321.

• Marginal note:Support of military activities

  (3) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide to the DPRK, to any person in the DPRK, or to any person acting on behalf of the DPRK, any products other than food or medicine that could be used to support military activities.

• Marginal note:Technical assistance

  (4) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide to the DPRK, to any person in the DPRK, or to any person acting on behalf of the DPRK, technical assistance related to the sale, supply, transfer, manufacture, use or maintenance of any of the products referred to in paragraph (1)(a) or subsection (2).

• Marginal note:Training to nationals

  (5) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide to any national teaching or training in disciplines which could contribute to the proliferation of nuclear activities or the development of nuclear weapon delivery systems in the DPRK, including in advanced studies of physics, materials science, computer simulation and related computer sciences and geospatial navigation, and in nuclear, chemical, mechanical, electrical, industrial, aerospace and aeronautical engineering and related disciplines.

Marginal note:Exception — exportation

• 9 (1) Subsections 8(1) to (3) do not apply to an activity if the Committee of the Security Council has approved the activity in advance.

• Marginal note:Exception — technical assistance and training

  (2) Subsections 8(4) and (5) do not apply to an activity if the Committee of the Security Council has approved the activity in advance.

Marginal note:Embargo — prohibited acquisitions

• 10 (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire any vessel or any of the products referred to in paragraph 8(1)(a) or subsections 8(2) and (3), wherever situated, from the DPRK or from any person in the DPRK.

• Marginal note:Coal, minerals and wood

  (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire any of the following products, wherever situated, from the DPRK or from any person in the DPRK:

  • (a) any salt, sulphur, earths and stone, plastering materials, lime, cement and other materials referred to in HS code 25;

  • (b) coal, iron, iron ore, gold, titanium ore, vanadium ore, rare earth minerals, copper, nickel, silver, zinc, lead and lead ore;

  • (c) any wood, articles of wood and wood charcoal referred to in HS code 44.

• Marginal note:Statues

  (3) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire statues, wherever situated, from the DPRK or from any person in the DPRK.

• Marginal note:Seafood

  (4) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire seafood, including fish, crustaceans, mollusks and other aquatic invertebrates, wherever situated, or to acquire fishing rights related to such products by transfer or other means, from the DPRK or from any person in the DPRK.

• Marginal note:Food and agricultural products

  (5) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire the products referred to in HS code 7, HS code 8 and HS code 12, wherever situated, from the DPRK or from any person in the DPRK.

• Marginal note:Textiles

  (6) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire textiles, including fabrics and partially or fully assembled apparel products, wherever situated, from the DPRK or from any person in the DPRK.

• Marginal note:Machinery, appliances and electrical equipment

  (7) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire the machinery, mechanical appliances and electrical equipment referred to in HS codes 84 and 85, wherever situated, from the DPRK or from any person in the DPRK.

• Marginal note:Technical assistance and training

  (8) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly receive any technical assistance or teaching or training related to the purchase, acquisition, manufacture, use or maintenance of any of the products referred to in paragraph 8(1)(a) or subsections 8(2) and (3) from the DPRK, from any person in the DPRK or from any national.

Marginal note:Exception — importation

11 Subsections 10(1) to (7) do not apply to an activity if the Committee of the Security Council has approved the activity in advance.

11.1 [Repealed, SOR/2016-278, s. 2]