Hong KongUnited Nations Sanctions (Democratic People’s Republic of Korea) Regulation
Officially DPRK sanctions: supply of supply-sanctioned items and related technical services
Also known as Cap. 537AE.
In force since .
A destination sanctions rule binding private bodies.
- Obligation class
- Prohibition, Licensing
What it requires
- Do not supply, sell or transfer a supply-sanctioned item, including an item or technology specified in Schedule 2, directly or indirectly to the DPRK or to a person connected with the DPRK, and do not do any act likely to promote that supply, sale or transfer, unless a licence granted under section 10J(1)(a) covers it (Cap. 537 sub. leg. AE s. 2(1), Schedules 2 and 3).
- Do not provide technical training, a service (including brokering), assistance or advice related to the provision, manufacture, maintenance or use of a Schedule 2 specified item to a person connected with the DPRK, which includes any person in or resident in the DPRK (Cap. 537 sub. leg. AE s. 6(1) and s. 1).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Contravening section 2(1) or section 6(1) is an offence, punishable on conviction on indictment by a fine and imprisonment for 7 years and on summary conviction by a fine at level 6 and imprisonment for 6 months.
What this law does
A person acting in the HKSAR, or a Hong Kong permanent resident who is a Chinese national or a body incorporated under Hong Kong law acting outside it, must not, except under a licence granted under section 10J(1)(a), supply, sell or transfer any supply-sanctioned item (other than aviation fuel), or agree to do so or do any act likely to promote it, directly or indirectly, to the DPRK, to a person connected with the DPRK, or to a destination or person for delivery to either.
Supply-sanctioned items include every item specified in Schedule 2 and any item whose Classification List code falls in the listed chapters, among them Chapter 84 (machinery) and Chapter 85 (electrical machinery and equipment). Schedule 2 specifies any item, material, equipment, goods or technology set out in a series of Security Council documents.
It also specifies modelling and design software related to the modelling of aerodynamic and thermodynamic analysis of rocket or unmanned aerial vehicle systems. Section 6 separately bars providing to a person connected with the DPRK any technical training, service (including brokering), assistance or advice related to the provision, manufacture, maintenance or use of a specified item.
Either offence is punishable on conviction on indictment by a fine and imprisonment for 7 years, and on summary conviction by a fine at level 6 and imprisonment for 6 months.
When LexLint raises it
When your app profile says your app serves a sanctioned destination.
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