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

Regulations are current to 2019-07-01 and last amended on 2019-03-04. Previous Versions

Application

 These Regulations are binding on Her Majesty in right of Canada or a province.

Prohibitions

Marginal note:Prohibited dealings and activities — designated persons

  •  (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly

    • (a) deal in any property in Canada that is owned, held or controlled, directly or indirectly, by a designated person or by a person acting on behalf of or at the direction of a designated person;

    • (b) enter into or facilitate any transaction related to a dealing referred to in paragraph (a);

    • (c) provide any financial or related services in respect of a dealing referred to in paragraph (a);

    • (d) make available any property or provide any financial or related services to a designated person, to a person acting on behalf of or at the direction of a designated person or to an entity that is owned, held or controlled, directly or indirectly, by a designated person; or

    • (e) make available any property or provide any financial or related services for the benefit of any person or any entity referred to in paragraph (d).

  • Marginal note:Cash

    (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly supply or transfer, directly or indirectly, any bulk cash that is destined for the DPRK, for any person in the DPRK or for any national or to knowingly receive any bulk cash from the DPRK, from any person in the DPRK or from any national.

  • SOR/2009-232, s. 13(E)
  • SOR/2013-219, ss. 6, 12(F)
  • SOR/2016-278, s. 2
  • SOR/2018-1, s. 2

Marginal note:Providing financial or related services

  •  (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide financial or related services to the DPRK, to any person in the DPRK or to a person acting on behalf of or at the direction of the DPRK or any person in the DPRK that is intended to facilitate trade with the DPRK or to cause, facilitate or assist in any act or thing prohibited by these Regulations.

  • Marginal note:Accepting financial or related services

    (2) It is prohibited for any person in Canada or any Canadian outside Canada to accept any financial or related services from the DPRK, from any person in the DPRK or from a person acting on behalf of or at the direction of the DPRK or any person in the DPRK that is intended to cause, facilitate or assist in any act or thing prohibited by these Regulations.

  • SOR/2009-232, s. 3
  • SOR/2013-219, s. 7
  • SOR/2016-278, s. 2
  • SOR/2018-1, s. 3

Marginal note:Prohibited activity — entities referred to in subsection 11(1)

  •  (1) It is prohibited for any entity referred to in subsection 11(1) to open a new branch in the DPRK.

  • Marginal note:Joint ventures and cooperative entities

    (2) 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.

  • SOR/2009-232, ss. 4, 13(E)
  • SOR/2013-219, ss. 8, 12(F)
  • SOR/2016-278, s. 2
  • SOR/2018-1, s. 4

Marginal note:Specific products

  •  (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, that are destined for the DPRK or for any person in the DPRK:

    • (a) arms and related material;

    • (a.1) the vehicles, aircraft, vessels and associated transport equipment referred to in HS codes 86 to 89;

    • (b) luxury goods;

    • (c) aviation fuel including aviation gasoline, naptha-type 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;

    • (d) crude oil and refined petroleum products;

    • (e) condensates and natural gas liquids;

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

    • (g) 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/2006/814, S/2006/815, S/2006/853, S/2006/853/Corr.1, S/2009/205, 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 for the purpose of 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:Technical assistance

    (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, 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

    (4) 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, geospatial navigation and in nuclear, chemical, mechanical, electrical, industrial, aerospace and aeronautical engineering and related disciplines.

  • SOR/2009-232, s. 5
  • SOR/2013-219, s. 9
  • SOR/2016-278, s. 2
  • SOR/2018-1, s. 5
  • SOR/2018-2, s. 2

 [Repealed, SOR/2016-278, s. 2]

 [Repealed, SOR/2013-219, s. 9]

 [Repealed, SOR/2016-278, s. 2]

Marginal note:Prohibited acquisitions — products

  •  (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 6(1)(a) or subsection 6(2), 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 edible vegetables, roots and tubers referred to in HS code 7, the edible fruit, nuts and peel of citrus fruit or of melons referred to in HS code 8 and the oil seeds, oleaginous fruits, miscellaneous grains, seeds and fruit, industrial or medicinal plants, straw and fodder referred to in 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, from the DPRK, from any person in the DPRK or from any national, any technical assistance or training related to the purchase, acquisition, manufacture, use or maintenance of any of the products referred to in paragraph 6(1)(a) or subsection 6(2).

  • SOR/2009-232, s. 13(E)
  • SOR/2013-219, s. 10
  • SOR/2016-278, s. 2
  • SOR/2018-1, s. 6
  • SOR/2018-2, s. 3
 
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