Introduction
As concerns grow that North Korea's nuclear weapons and ballistic missile programs are nearing the point of becoming an unacceptably dire threat to international peace and security, the United Nations, acting with unprecedented collective resolve, has imposed potentially suffocating international economic sanctions on North Korea. These sanctions are bolstered by even more stringent measures imposed unilaterally by the United States. The international community has not in recent memory come together in this way to seek to cut a country off from nearly all trade and investment. This will be a test of the effectiveness of economic sanctions in achieving a nonmilitary solution to what is arguably the most significant military threat impacting global interests since the end of the Cold War.
Without going into detail, it bears mentioning at the outset that the United States has imposed on North Korea the broadest unilateral “secondary sanctions” that it has ever issued. On September 20, 2017, President Trump signed Executive Order 13810, which authorizes the U.S. government to impose “blocking sanctions” on essentially any person engaging in commerce in North Korea or anywhere else in the world in a way that involves North Korea.Footnote 1 While the U.S. measures on Iran enacted between 2009 and 2013 were unprecedented at the time, the current U.S. sanctions regime on North Korea eclipses even those. How it will be implemented remains to be seen, however.
While the United States is writing a new chapter in the history of economic sanctions as a tool of coercive diplomacy, so too is the United Nations. There have been three major UN Security Council Resolutions (UNSCRs) targeting North Korea in the past year, each one an escalation from the last, in response to nuclear weapons and ballistic missile tests by North Korea. While the current set of UNSCRs does not seek to prohibit all trade and investment with North Korea, the international community has moved notably closer to that approach.
By way of background, there have been UN sanctions on North Korea for over a decade, which have included an arms embargo, a ban on trade in luxury goods, targeted asset freezes and travel bans, and other measures. But it is only in the past year that the international community has decided that the situation in North Korea has become so dire as to require stepwise progress toward a complete, worldwide economic embargo.
Resolution 2321
Resolution 2321, adopted on November 30, 2016, was the first effort by the United Nations to begin closing off North Korea's trade in its major cash commodities.Footnote 2 Earlier that year, the United Nations had set out a general requirement for member states to prohibit the procurement of coal, iron, and iron ore from North Korea, but with an exemption for transactions that were “exclusively for livelihood purposes.”Footnote 3 Resolution 2321 removed that exemption for coal (while maintaining it for iron and iron ore) and established a unique program for UN staff to regulate the international coal trade with North Korea in order to maintain a cap on total coal exports, complete with a monthly trade data reporting requirement and public tracking by the United Nations. This unusual program was agreed on after concerns grew about the abuse of the subjective and potentially unlimited “livelihood” exemption.
Resolution 2321 also required member states to prohibit, with no exceptions, imports of copper, nickel, silver, and zinc from North Korea.Footnote 4 To complement these trade restrictions, it required states to prohibit the provision of insurance or reinsurance services to vessels broadly linked to North Korea, while imposing other stringent transportation-related measures. On the financial side, it moved beyond only targeting activity contributing to North Korea's weapons programs and imposed a general ban on “public and private financial support” for trade with North Korea, including export credits, guarantees, and insurance, along with requiring states to expel individuals working on behalf of North Korean financial institutions and close banking facilities in North Korea.Footnote 5 The final major piece of Resolution 2321 was to establish a list of dual-use items to be subject to an import/export prohibition, expanding on the arms embargo that had been in place for years.Footnote 6
Resolution 2371
Resolution 2371, adopted on August 5, 2017, took the next logical step by banning all exports from North Korea of coal (its largest source of external revenue), along with iron, iron ore, lead, lead ore, and seafood.Footnote 7 It also prohibits all new joint ventures or cooperative commercial relationships with North Korea, and new investment in existing ones.Footnote 8 Furthermore, it requires member states to stop allowing additional North Korean workers in. Interestingly, it tasks UN staff with identifying vessels tied to UNSCR violations to be prohibited from entering any port worldwide; such a list has recently been populated.Footnote 9
Resolution 2375
Resolution 2375, adopted on September 11, 2017, closes additional gaps, while stopping short of taking steps that would be expected to lead to a near-term crisis on the Korean Peninsula.Footnote 10 It establishes a specific annual cap on North Korea's imports of refined petroleum products, again with a UN reporting and tracking mechanism, and freezes the amount of crude oil that can be supplied to North Korea, by tying member states to the amount sold in the previous twelve months.Footnote 11 It also bans all textile exports, a major source of revenue for North Korea and—more than the cash commodities that had been the focus of earlier rounds of sanctions—an important form of employment for many North Korean workers.Footnote 12 Finally, Resolution 2375 prohibits member states from providing new work authorizations for North Korean nationals.Footnote 13
Conclusion
These trade restrictions are reportedly designed to cut off approximately 90 percent of North Korea's already-limited 2016 exports.Footnote 14 While there are additional measures that could be taken in response to a future provocation, they are few. A complete ban on trade in oil and petroleum products, requiring the repatriation of all North Korean workers overseas, and potentially even forcing the closure of North Korea's diplomatic missions are among the remaining options. Any one of those could lead to a dangerous escalation of tensions in the near term, as the regime would be unable to sustain itself.
The United Nations is pushing the limits of what is achievable through international law to pressure the North Korean government to change its behavior, while also testing the ability and willingness of governments around the world to enforce and police these measures. As the impact of this embargo begins to build, it remains to be seen whether the effects on the North Korean people will become too severe for the sanctions to be sustained and how the regime and the international community will react. Like the Iran sanctions experiment between 2009 and 2013, the resolution of this crisis will play an important role in shaping views on whether economic sanctions can be relied on as a substitute for the use of military force in the most complex and intractable situations.
* This text was reproduced and reformatted from the text available at the United Nations website (visited October 23, 2017), http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2321(2016).
Resolution 2321 (2016)
Adopted by the Security Council at its 7821st meeting, on 30 November 2016
The Security Council,
Recalling its previous relevant resolutions, including resolution 825 (1993), resolution 1540 (2004), resolution 1695 (2006), resolution 1718 (2006), resolution 1874 (2009), resolution 1887 (2009), resolution 2087 (2013), resolution 2094 (2013), and resolution 2270 (2016), as well as the statements of its President of 6 October 2006 (S/PRST/2006/41), 13 April 2009 (S/PRST/2009/7) and 16 April 2012 (S/PRST/2012/13),
Reaffirming that proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security,
Expressing its gravest concern at the nuclear test by the Democratic People's Republic of Korea (“the DPRK”) on September 9, 2016 in violation of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016), and at the challenge such a test constitutes to the Treaty on Non-Proliferation of Nuclear Weapons (“the NPT”) and to international efforts aimed at strengthening the global regime of non-proliferation of nuclear weapons, and the danger it poses to peace and stability in the region and beyond,
Underlining once again the importance that the DPRK respond to other security and humanitarian concerns of the international community,
Underlining also that measures imposed by this resolution are not intended to have adverse humanitarian consequences for the civilian population of the DPRK,
Expressing serious concern that the DPRK has continued to violate relevant Security Council resolutions through repeated launches and attempted launches of ballistic missiles, and noting that all such ballistic missile activities contribute to the DPRK's development of nuclear weapons delivery systems and increase tension in the region and beyond,
Expressing continued concern that the DPRK is abusing the privileges and immunities accorded under the Vienna Conventions on Diplomatic and Consular Relations,
Expressing great concern that the DPRK's prohibited arms sales have generated revenues that are diverted to the pursuit of nuclear weapons and ballistic missiles while DPRK citizens have unmet needs,
Expressing its gravest concern that the DPRK's ongoing nuclear- and ballistic missile-related activities have further generated increased tension in the region and beyond, and determining that there continues to exist a clear threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations, and taking measures under its Article 41,
1. Condemns in the strongest terms the nuclear test conducted by the DPRK on 9 September 2016 in violation and flagrant disregard of the Security Council's resolutions;
2. Reaffirms its decisions that the DPRK shall not conduct any further launches that use ballistic missile technology, nuclear tests, or any other provocation; shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launches; shall abandon all nuclear weapons and existing nuclear programmes in a complete, verifiable and irreversible manner, and immediately cease all related activities; and shall abandon all other existing weapons of mass destruction and ballistic missile programmes in a complete, verifiable and irreversible manner;
3. Decides that the measures specified in paragraph 8 (d) of resolution 1718 (2006) shall apply also to the individuals and entities listed in annex I and II of this resolution and to any individuals or entities acting on their behalf or at their direction, and to entities owned or controlled by them, including through illicit means, and decides further that the measures specified in paragraph 8 (e) of resolution 1718 (2006) shall also apply to the individuals listed in annex I of this resolution and to individuals acting on their behalf or at their direction;
4. Decides that the measures imposed in paragraph 8 (a), 8 (b) and 8 (c) of resolution 1718 (2006) shall also apply to the items, materials, equipment, goods and technology listed in annex III of this resolution;
5. Reaffirms the measures imposed in paragraph 8 (a) (iii) of resolution 1718 (2006) regarding luxury goods, and clarifies that the term “luxury goods” includes also, but is not limited to, the items specified in annex IV of this resolution;
6. Reaffirms paragraphs 14 through 16 of resolution 1874 (2009), and paragraph 8 of resolution 2087 (2013), and decides that these paragraphs shall apply also with respect to any items the supply, sale or transfer of which is prohibited by this resolution;
7. Decides that the measures imposed in paragraphs 8 (a), 8 (b), and 8 (c) of resolution 1718 (2006) shall also apply to the items listed in a new conventional arms dual-use list to be adopted by the Committee, directs the Committee to adopt this list within 15 days and to report to the Security Council to this effect, and further decides that, if the Committee has not acted, then the Security Council will complete action to adopt the list within seven days of receiving that report, and directs the Committee to update this list every 12 months;
8. Decides that paragraph 19 of resolution 2270 (2016) shall apply with respect to all leasing, chartering or provision of crew services to the DPRK without exception, unless the Committee approves on a case-by-case basis in advance;
9. Decides that paragraph 20 of resolution 2270 (2016) shall apply to registering vessels in the DPRK, obtaining authorization for a vessel to use the DPRK flag, and owning, leasing, operating, providing any vessel classification, certification or associated service, or insuring any vessel flagged by the DPRK, without exception, unless the Committee approves on a case-by-case basis in advance;
10. Clarifies that, for the purposes of implementing paragraph 17 of resolution 2270 (2016), specialized teaching and training which could contribute to the DPRK's proliferation sensitive nuclear activities or the development of nuclear weapons delivery systems includes, but is not limited to advanced materials science, advanced chemical engineering, advanced mechanical engineering, advanced electrical engineering and advanced industrial engineering;
11. Decides that all Member States shall suspend scientific and technical cooperation involving persons or groups officially sponsored by or representing the DPRK except for medical exchanges unless:
-
(a) In the case of scientific or technical cooperation in the fields of nuclear science and technology, aerospace and aeronautical engineering and technology, or advanced manufacturing production techniques and methods, the Committee has determined on a case-by-case basis that a particular activity will not contribute to the DPRK's proliferation sensitive nuclear activities or ballistic missile-related programmes; or
-
(b) In the case of all other scientific or technical cooperation, the State engaging in scientific or technical cooperation determines that the particular activity will not contribute to the DPRK's proliferation sensitive nuclear activities or ballistic missile-related programmes and notifies the Committee in advance of such determination;
12. Decides that the Committee, if it has information that provides reasonable grounds to believe the vessels are or have been related to nuclear- or ballistic missile-related programmes or activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or this resolution, may require any or all of the following measures with respect to vessels it designates pursuant to this paragraph: (a) the Flag State of a designated vessel shall de-flag the vessel; (b) the Flag State of a designated vessel shall direct the vessel to a port identified by the Committee, in coordination with the port State; (c) all Member States shall prohibit a designated vessel from entering their ports, unless in case of emergency, in case of return to the vessel's port of origination, or in case of direction by the Committee; (d) a vessel designated by the Committee shall be subject to the asset freeze imposed in paragraph 8 (d) of resolution 1718 (2006);
13. Expresses concern that the personal luggage and checked baggage of individuals entering into or departing from the DPRK may be used to transport items the supply, sale or transfer of which is prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or this resolution, and clarifies that such luggage and baggage constitute “cargo” for the purposes of implementing paragraph 18 of resolution 2270 (2016);
14. Calls upon all Member States to reduce the number of staff at DPRK diplomatic missions and consular posts;
15. Decides that all Member States shall take steps to restrict the entry into or transit through their territory of members of the Government of the DPRK, officials of that Government, and members of the DPRK armed forces, if the State determines that such members or officials are associated with the DPRK's nuclear or ballistic missile programmes or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), or this resolution;
16. Decides that all States shall take steps to limit the number of bank accounts to one per DPRK diplomatic mission and consular post, and one per accredited DPRK diplomat and consular officer, at banks in their territory;
17. Recalls that, under the Vienna Convention on Diplomatic Relations of 1961, a diplomatic agent shall not in the receiving State practice for personal profit any professional or commercial activity, and emphasizes accordingly that DPRK diplomatic agents are prohibited in the receiving State from such practice of professional or commercial activity;
18. Decides that all Member States shall prohibit the DPRK from using real property that it owns or leases in their territory for any purpose other than diplomatic or consular activities;
19. Recalls that a Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council, and that the exercise of these rights and privileges may be restored by the Security Council;
20. Recalls that paragraph 18 of resolution 2270 (2016) requires all States to inspect the cargo within or transiting through their territory, including their airports, 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, emphasizes that this measure requires States to inspect DPRK-flagged aircraft when they land in or take off from their territory, recalls also that paragraph 31 of resolution 2270 (2016) requires all States to prevent the sale or supply, by their nationals or from their territories or using their flag vessels or aircraft, of aviation fuel, to the territory of the DPRK, and calls upon all States to exercise vigilance to ensure that no more fuel is provided to DPRK-flagged civil passenger aircraft than is necessary for the relevant flight, including a standard margin for safety of flight;
21. Expresses concern that prohibited items may be transported to and from the DPRK by rail and by road, and underscores that the obligation in paragraph 18 of resolution 2270 (2016) to inspect the cargo within or transiting through their territory includes the cargo being transported by rail and by road;
22. Decides that all Member States shall prohibit their nationals, persons subject to their jurisdiction and entities incorporated in their territory or subject to their jurisdiction from providing insurance or re-insurance services to vessels owned, controlled, or operated, including through illicit means, by the DPRK unless the Committee determines on a case-by-case basis that the vessel is engaged in activities exclusively for livelihood purposes which will not be used by DPRK individuals or entities to generate revenue or exclusively for humanitarian purposes;
23. Decides that all Member States shall prohibit their nationals from procuring vessel and aircraft crewing services from the DPRK;
24. Decides that all Member States shall de-register any vessel that is owned, controlled, or operated by the DPRK, and further decides that Member States shall not register any such vessel that has been de-registered by another Member State pursuant to this paragraph;
25. Notes that, for the purpose of implementing resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) and this resolution, the term “transit” includes but is not limited to the travel of individuals through a State's international airport terminals en route to a destination in another State, regardless of whether such individuals pass through customs or passport control at that airport;
26. Decides that paragraph 29 of resolution 2270 (2016) shall be replaced by the following:
“Decides that the DPRK shall not supply, sell or transfer, directly or indirectly, from its territory or by its nationals or using its flag vessels or aircraft, coal, iron, and iron ore, and that all States shall prohibit the procurement of such material from the DPRK by their nationals, or using their flag vessels or aircraft, and whether or not originating in the territory of the DPRK, and decides that this provision shall not apply with respect to:”
-
(a) Coal that the procuring State confirms on the basis of credible information has originated outside the DPRK and was transported through the DPRK solely for export from the Port of Rajin (Rason), provided that the State notifies the Committee in advance and such transactions are unrelated to generating revenue for the DPRK's nuclear or ballistic missile programmes or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution;
-
(b) Total exports to all Member States of coal originating in the DPRK that in the aggregate do not exceed 53,495,894 US dollars or 1,000,866 metric tons, whichever is lower, between the date of adoption of this resolution and 31 December 2016, and total exports to all Member States of coal originating in the DPRK that in the aggregate do not exceed 400,870,018 US dollars or 7,500,000 metric tons per year, whichever is lower, beginning 1 January 2017, provided that the procurements (i) involve no individuals or entities that are associated with the DPRK's nuclear or ballistic missile programmes or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or this resolution, including designated individuals or entities, or individuals or entities acting on their behalf or at their direction, or entities owned or controlled by them, directly or indirectly, or individuals or entities assisting in the evasion of sanctions, and (ii) are exclusively for livelihood purposes of DPRK nationals and unrelated to generating revenue for the DPRK's nuclear or ballistic missile programmes or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or this resolution, and decides that each Member State that procures coal from the DPRK shall notify the Committee of the aggregate amount of the volume of such procurement for each month no later than 30 days after the conclusion of that month on the form in annex V to this resolution, directs the Committee to make publicly available on its website the volume of procurement of coal from the DPRK reported by Member States and value calculated by the Committee Secretary, as well as the amount reported for each month and with the number of States that reported for each month, directs the Committee to update this information on a real-time basis as it receives notifications, calls upon all States that import coal from the DPRK to periodically review this website to ensure that they do not exceed the mandatory aggregate annual limit, directs the Committee Secretary to notify all Member States when an aggregate value or volume of coal procurements from the DPRK of 75 per cent of the aggregate yearly amount has been reached, also directs the Committee Secretary to notify all Member States when an aggregate value or volume of coal procurements from the DPRK of 90 per cent of the aggregate yearly amount has been reached, further directs the Committee Secretary to notify all Member States when an aggregate value or volume of coal procurements from the DPRK of 95 per cent of the aggregate yearly amount has been reached and to inform them that they must immediately cease procuring coal from the DPRK for the year, and requests the Secretary-General to make the necessary arrangements to this effect and provide additional resources in this regard; and
-
(c) Transactions in iron and iron ore that are determined to be exclusively for livelihood purposes and unrelated to generating revenue for the DPRK's nuclear or ballistic missile programmes or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or this resolution.”
27. Directs the Panel of Experts, following the end of each month, to determine and transmit to the Committee, in no more than 30 days, an estimate of the average (mean) price in US dollars of coal exported from the DPRK that month based on credible and factually accurate trade data, and directs the Committee Secretary to use this average price as the basis to calculate the value of the procurement of coal from the DPRK each month based on the volume reported by States for the purposes of notifying all member states and making publicly available DRPK export levels on the Committee website on a real-time basis as required in paragraph 26 of this resolution;
28. Decides that the DPRK shall not supply, sell or transfer, directly or indirectly, from its territory or by its nationals or using its flag vessels or aircraft, copper, nickel, silver and zinc, and that all Member States shall prohibit the procurement of such material from the DPRK by their nationals, or using their flag vessels or aircraft, and whether or not originating in the territory of the DPRK;
29. Decides that the DPRK shall not supply, sell or transfer, directly or indirectly, from its territory or by its nationals or using its flag vessels or aircraft, statues, and that all States shall prohibit the procurement of such items from the DPRK by their nationals, or using their flag vessels or aircraft, whether or not originating in the territory of the DPRK, unless the Committee approves on a case-by-case basis in advance;
30. Decides that all Member States shall prevent the direct or indirect supply, sale or transfer to the DPRK, through their territories or by their nationals, or using their flag vessels or aircraft, and whether or not originating in their territories, of new helicopters and vessels, except as approved in advance by the Committee on a case-by-case basis;
31. Decides that Member States shall take the necessary measures to close existing representative offices, subsidiaries or banking accounts in the DPRK within 90 days, unless the Committee determines on a case-by-case basis that such offices, subsidiaries or accounts are required for the delivery of humanitarian assistance or the activities of diplomatic missions in the DPRK or the activities of the United Nations or its specialized agencies or related organizations or any other purpose consistent with the objectives of this resolution;
32. Decides that all Member States shall prohibit public and private financial support from within their territories or by persons or entities subject to their jurisdiction for trade with the DPRK (including the granting of export credits, guarantees or insurance to their nationals or entities involved in such trade), except as approved in advance by the Committee on a case-by-case basis;
33. Decides that, if a Member State determines that an individual is working on behalf of or at the direction of a DPRK bank or financial institution, then Member States shall expel the individual from their territories for the purpose of repatriation to the individual's state of nationality, consistent with applicable national and international law, unless the presence of the individual is required for fulfillment of a judicial process or exclusively for medical, safety or other humanitarian purposes, or the Committee has determined on a case-by-case basis that the expulsion of the individual would be contrary to the objectives of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), or this resolution;
34. Expresses concern that DPRK nationals are sent to work in other States for the purpose of earning hard currency that the DPRK uses for its nuclear and ballistic missile programmes, and calls upon States to exercise vigilance over this practice;
35. Reiterates its concern that bulk cash may be used to evade measures imposed by the Security Council, and calls upon Member States to be alert to this risk;
36. Calls upon all Member States to report to the Security Council within 90 days of the adoption of this resolution, and thereafter upon request by the Committee, on concrete measures they have taken in order to implement effectively the provisions of this resolution, requests the Panel of Experts established pursuant to resolution 1874 (2009), in cooperation with other UN sanctions monitoring groups, to continue its efforts to assist Member States in preparing and submitting such reports in a timely manner;
37. Reaffirms that Security Council resolution 1540 (2004) obligates all States to take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical, or biological weapons and their means of delivery, including by establishing appropriate controls over related materials, and notes that these obligations are complementary to the obligations in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016) to prevent the direct or indirect supply, sale or transfer to the DPRK of items, materials, equipment, goods and technology which could contribute to DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes;
38. Calls upon all Member States to redouble efforts to implement in full the measures in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016), and to cooperate with each other in doing so, particularly with respect to inspecting, detecting and seizing items the transfer of which is prohibited by these resolutions;
39. Decides that the mandate of the Committee, as set out in paragraph 12 of resolution 1718 (2006), shall apply with respect to the measures imposed in this resolution and further decides that the mandate of the Panel of Experts, as specified in paragraph 26 of resolution 1874 (2009) and modified in paragraph 1 of resolution 2276 (2016), shall also apply with respect to the measures imposed in this resolution;
40. Decides to authorize all Member States to, and that all Member States shall, seize and dispose (such as through destruction, rendering inoperable or unusable, storage, or transferring to a State other than the originating or destination States for disposal) of items the supply, sale, transfer, or export of which is prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or this resolution that are identified in inspections, in a manner that is not inconsistent with their obligations under applicable Security Council resolutions, including resolution 1540 (2004), as well as any obligations of parties to the NPT, the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction of 29 April 1997, and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction of 10 April 1972;
41. Emphasizes the importance of all States, including the DPRK, taking the necessary measures to ensure that no claim shall lie at the instance of the DPRK, or of any person or entity in the DPRK, or of persons or entities designated for measures set forth in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or this resolution, or any person claiming through or for the benefit of any such person or entity, in connection with any contract or other transaction where its performance was prevented by reason of the measures imposed by this resolution or previous resolutions;
42. Requests the Secretary-General to provide additional administrative and analytical support resources needed to increase the capacity of the Panel of Experts established pursuant to resolution 1874 (2009) and strengthen its ability to analyse the DPRK's sanctions violation and evasion activities, to include additional funding allocated to the procurement of aerial imagery and analysis services, access to relevant trade and international security databases and other information sources, as well as support the resulting increased activities of the Committee by the Secretariat;
43. Requests the Panel of Experts to include findings and recommendations in its midterm reports, beginning with the midterm report due to be submitted to the Committee by no later than 5 August 2017;
44. Directs the Committee, with the assistance of its Panel of Experts, to hold special meetings on important thematic and regional topics and Member States' capacity challenges, to identify, prioritize, and mobilize resources to areas that would benefit from technical and capacity-building assistance to enable more effective implementation by Member States;
45. Reiterates its deep concern at the grave hardship that the people in the DPRK are subjected to, condemns the DPRK for pursuing nuclear weapons and ballistic missiles instead of the welfare of its people while people in the DPRK have great unmet needs, and emphasizes the necessity of the DPRK respecting and ensuring the welfare and inherent dignity of people in the DPRK;
46. Reaffirms that the measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) and this resolution are not intended to have adverse humanitarian consequences for the civilian population of the DPRK or to affect negatively those activities, including economic activities and cooperation, that are not prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) and this resolution, and the work of international and non-governmental organizations carrying out assistance and relief activities in the DPRK for the benefit of the civilian population of the DPRK, and decides that the Committee may, on a case-by-case basis, exempt any activity from the measures imposed by these resolutions if the Committee determines that such an exemption is necessary to facilitate the work of such organizations in the DPRK or for any other purpose consistent with the objectives of these resolutions;
47. Reaffirms its 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, that the United States and the DPRK undertook to respect each other's sovereignty and exist peacefully together, and that the Six Parties undertook to promote economic cooperation, and all other relevant commitments;
48. Reiterates the importance of maintaining peace and stability on the Korean Peninsula and in north-east Asia at large, and expresses its commitment to a peaceful, diplomatic and political solution to the situation and welcomes efforts by Council members as well as other States to facilitate a peaceful and comprehensive solution through dialogue and stresses the importance of working to reduce tensions in the Korean Peninsula and beyond;
49. Affirms that it shall keep the DPRK's actions under continuous review and is prepared to strengthen, modify, suspend or lift the measures as may be needed in light of the DPRK's compliance, and, in this regard, expresses its determination to take further significant measures in the event of a further DPRK nuclear test or launch;
50. Decides to remain seized of the matter.
Annex I
Travel Ban/Asset Freeze (Individuals)
-
1. PAK CHUN IL
-
a. Description: Pak Chun Il has served as the DPRK Ambassador to Egypt and provides support to KOMID.
-
b. AKA: n/a
-
c. Identifiers: DOB: 28 July 1954; Nationality: DPRK; Passport: 563410091
-
-
2. KIM SONG CHOL
-
a. Description: Kim Song Chol is a KOMID official that has conducted business in Sudan on behalf of KOMID's interests.
-
b. AKA: Kim Hak Song
-
c. Identifiers: DOB: 26 March 1968, alt. DOB: 15 October 1970; Nationality: DPRK; Passport: 381420565, alt. Passport: 654120219
-
-
3. SON JONG HYOK
-
a. Description: Son Jong Hyok is a KOMID official that has conducted business in Sudan on behalf of KOMID's interests.
-
b. AKA: Son Min
-
c. Identifiers: DOB: 20 May 1980; Nationality: DPRK
-
-
4. KIM SE GON
-
a. Description: Kim Se Gon works on behalf of the Ministry of Atomic Energy Industry.
-
b. AKA: n/a
-
c. Identifiers: DOB: 13 November 1969; Passport: PD472310104; Nationality: DPRK
-
-
5. RI WON HO
-
a. Description: Ri Won Ho is a DPRK Ministry of State Security Official stationed in Syria supporting KOMID.
-
b. AKA: n/a
-
c. Identifiers: DOB: 17 July 1964; Passport: 381310014, Nationality: DPRK
-
-
6. JO YONG CHOL
-
a. Description: Jo Yong Chol is a DPRK Ministry of State Security Official stationed in Syria supporting KOMID.
-
b. AKA: Cho Yong Chol
-
c. Identifiers: DOB: 30 September 1973, Nationality: DPRK
-
-
7. KIM CHOL SAM
-
a. Description: Kim Chol Sam is a representative for Daedong Credit Bank (DCB) who has been involved in managing transactions on behalf of DCB Finance Limited. As an overseas-based representative of DCB, it is suspected that Kim Chol Sam has facilitated transactions worth hundreds of thousands of dollars and likely managed millions of dollars in DPRK related accounts with potential links to nuclear/missile programmes.
-
b. AKA: n/a
-
c. Identifiers: DOB: 11 March 1971; Nationality: DPRK
-
-
8. KIM SOK CHOL
-
a. Description: Kim Sok Chol acted as the DPRK Ambassador to Myanmar and he operates as a KOMID facilitator. He was paid by KOMID for his assistance and arranges meetings on behalf of KOMID, including a meeting between KOMID and Myanmar's defense related persons to discuss financial matters.
-
b. AKA: n/a
-
c. Identifiers: DOB: 8 May 1955; Passport 472310082; Nationality: DPRK
-
-
9. CHANG CHANG HA
-
a. Description: Chang Chang Ha is the President of the Second Academy of Natural Sciences (SANS).
-
b. AKA: Jang Chang Ha
-
c. Identifiers: DOB: 10 January 1964; Nationality: DPRK
-
-
10. CHO CHUN RYONG
-
a. Description: Cho Chun Ryong is the Chairman of the Second Economic Committee (SEC).
-
b. AKA: Jo Chun Ryong
-
c. Identifiers: DOB: 4 April 1960; Nationality: DPRK
-
-
11. SON MUN SAN
-
a. Description: Son Mun San is the Director-General of the External Affairs Bureau of the General Bureau of Atomic Energy (GBAE).
-
b. AKA: n/a
-
c. Identifiers: DOB: 23 January 1951; Nationality: DPRK
-
Annex II
Asset Freeze (Entities)
-
1. KOREA UNITED DEVELOPMENT BANK
-
a. Description: Korea United Development Bank operates in the financial services industry of the DPRK economy.
-
b. Location: Pyongyang, North Korea; SWIFT/BIC: KUDBKPPY
-
-
2. ILSIM INTERNATIONAL BANK
-
a. Description: Ilsim International Bank is affiliated with the DPRK military and has a close relationship with Korea Kwangson Banking Corporation (KKBC). Ilsim International Bank has attempted to evade United Nations sanctions.
-
b. AKA: n/a
-
c. Location: Pyongyang, DPRK; SWIFT: ILSIKPPY
-
-
3. KOREA DAESONG BANK
-
a. Description: Daesong Bank is owned and controlled by Office 39 of the Korea Workers' Party.
-
b. AKA: Choson Taesong Unhaeng; AKA: Taesong Bank
-
c. Location: Segori-dong, Gyongheung St. Potonggang District, Pyongyang, DPRK; SWIFT/BIC: KDBKKPPY
-
-
4. SINGWANG ECONOMICS AND TRADING GENERAL CORPORATION
-
a. Description: Singwang Economics and Trading General Corporation is a DPRK firm for trading in coal. DPRK generates a significant share of the money for its nuclear and ballistic missile programmes by mining natural resources and selling those resources abroad.
-
b. AKA: n/a
-
c. Location: DPRK
-
-
5. KOREA FOREIGN TECHNICAL TRADE CENTER
-
a. Description: Korea Foreign Technical Trade Center is a DPRK firm trading in coal. DPRK generates a significant share of the funds needed to finance its nuclear and ballistic missile programmes by mining natural resources and selling those resources abroad.
-
b. AKA: n/a
-
c. Location: DPRK
-
-
6. KOREA PUGANG TRADING CORPORATION
-
a. Description: Korea Pugang Trading Corporation is owned by the Korea Ryonbong General Corporation, DPRK's defense conglomerate specializing in acquisition for DPRK defense industries and support to Pyongyang's military related sales.
-
b. AKA: n/a
-
c. Location: Rakwon-dong, Pothonggang District, Pyongyang, DPRK
-
-
7. KOREA INTERNATIONAL CHEMICAL JOINT VENTURE COMPANY
-
a. Description: Korea International Chemical Joint Venture Company is a subsidiary of Korea Ryonbong General Corporation — DPRK's defense conglomerate specializing in acquisition for DPRK defense industries and support to Pyongyang's military related sales — and has engaged in proliferation-related transactions.
-
b. AKA: Choson International Chemicals Joint Operation Company; AKA: Chosun International Chemicals Joint Operation Company; AKA: International Chemical Joint Venture Company
-
c. Location: Hamhung, South Hamgyong Province, DPRK; Location: Man gyongdae-kuyok, Pyongyang, DPRK; Location: Mangyungdae-gu, Pyongyang, DPRK
-
-
8. DCB FINANCE LIMITED
-
a. Description: DCB Finance Limited is a front company for Daedong Credit Bank (DCB), a listed entity.
-
b. AKA: n/a
-
c. Locations: Akara Building, 24 de Castro Street, Wickhams Cay I, Road Town, Tortola, British Virgin Islands; Dalian, China
-
-
9. KOREA TAESONG TRADING COMPANY
-
a. Description: Korea Taesong Trading Company has acted on behalf of KOMID in dealings with Syria.
-
b. AKA: n/a
-
c. Location: Pyongyang, DPRK
-
-
10. KOREA DAESONG GENERAL TRADING CORPORATION
-
a. Description: Korea Daesong General Trading Corporation is affiliated with Office 39 through minerals (gold) exports, metals, machinery, agricultural products, ginseng, jewelry, and light industry products.
-
b. AKA: Daesong Trading; Daesong Trading Company; Korea Daesong Trading Company; Korea Daesong Trading Corporation
-
c. Location: Pulgan Gori Dong 1, Potonggang District, Pyongyang City, DPRK
-
Annex III
Items, Materials, Equipment, Goods and Technology
Nuclear- and/or Missile-usable Items
1. Isocyanates (TDI (Toluene di-isocyanate), MDI (Methylene bis (phenyl isocyanate)), IPDI (Isophorone diiosocyanate), HNMDI or HDI (Hexamethylene diisocyanate), and DDI (dimeryl diisocyanate) and production equipment.
2. Ammonium nitrate, chemically pure or in phase stabilized version (PSAN).
3. Non-destructive test chambers with a 1 m or more critical internal dimension.
4. Turbo-pumps for liquid or hybrid rocket engines.
5. Polymeric Substances (Hydroxyl Terminated Poly-Ether (HTPE), Hydroxyl Terminated Caprolactone Ether (HTCE), Polypropylene glycol (PPG), Polydiethyleneglycol adipate (PGA) and Polyethylene Glycol (PEG)).
6. Inertial equipment for any application, particularly for civilian aircraft, satellite, geophysical survey applications and their associated test equipment.
7. Countermeasure Subsystems and Penetration Aids (e.g. jammers, chaff, decoys) designed to saturate, confuse, or evade missile defences.
8. Manganese metal Brazing Foils.
9. Hydroforming machines.
10. Thermal treatment furnaces — Temperature >850 degrees C and one dimension >1 m.
11. Electrical Discharge Machines (EDMs).
12. Friction stir welding machines.
13. Modelling and design software related to the modelling of aerodynamic and thermodynamic analysis of rocket or unmanned aerial vehicle systems.
14. High-speed imaging cameras except those used in medical imaging systems.
15. Truck chassis with 6 or more axles.
Chemical/Biological Weapons-usable Items
1. Floor-mounted fume hoods (walk-in style) with a minimum nominal width of 2.5 meters.
2. Batch centrifuges with a rotor capacity of 4 L or greater, usable with biological materials.
3. Fermenters with an internal volume of 10–20 L (.01-.02 cubic meters), usable with biological materials.
Annex IV
Luxury Goods
(1) Rugs and tapestries (valued greater than $500)
(2) Tableware of porcelain or bone china (valued greater than $100)
Annex V
Standard Form for Notification of Import of Coal
From the Democratic People's Republic of Korea (DPRK)
pursuant to paragraph 26 (b) of resolution 2321 (2016)
This form notifies the UN Security Council 1718 Committee of the procurement of coal from the Democratic People's Republic of Korea (DPRK) in keeping with the relevant provisions of resolution 2321 (2016).
Procuring State:
Month:
Year:
Coal imported from DPRK, in metric tons:
Coal imported from DPRK, in US dollars (optional):
Additional information (optional):
Signature/seal:
Date: -----------
* This text was reproduced and reformatted from the text available at the United Nations website (visited October 23, 2017), http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2371(2017).
Resolution 2371 (2017)
Adopted by the Security Council at its 8019th meeting, on 5 August 2017
The Security Council,
Recalling its previous relevant resolutions, including resolution 825 (1993), resolution 1540 (2004), resolution 1695 (2006), resolution 1718 (2006), resolution 1874 (2009), resolution 1887 (2009), resolution 2087 (2013), resolution 2094 (2013), resolution 2270 (2016), resolution 2321 (2016), and resolution 2356 (2017), as well as the statements of its President of 6 October 2006 (S/PRST/2006/41), 13 April 2009 (S/PRST/2009/7) and 16 April 2012 (S/PRST/2012/13),
Reaffirming that proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security,
Expressing its gravest concern at the July 3 and July 28 of 2017 ballistic missile tests by the Democratic People's Republic of Korea (“the DPRK”), which the DPRK has stated were tests of intercontinental ballistic missiles, in violation of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), and 2356 (2017), and at the challenge such tests constitute to the Treaty on Non-Proliferation of Nuclear Weapons (“the NPT”) and to international efforts aimed at strengthening the global regime of non-proliferation of nuclear weapons, and the danger they pose to peace and stability in the region and beyond,
Underlining once again the importance that the DPRK respond to other security and humanitarian concerns of the international community,
Underlining also that measures imposed by this resolution are not intended to have adverse humanitarian consequences for the civilian population of the DPRK,
Expressing serious concern that the DPRK has continued to violate relevant Security Council resolutions through repeated launches and attempted launches of ballistic missiles, and noting that all such ballistic missile activities contribute to the DPRK's development of nuclear weapons delivery systems and increase tension in the region and beyond,
Expressing continued concern that the DPRK is abusing the privileges and immunities accorded under the Vienna Conventions on Diplomatic and Consular Relations,
Expressing great concern that the DPRK's prohibited arms sales have generated revenues that are diverted to the pursuit of nuclear weapons and ballistic missiles while DPRK citizens have unmet needs,
Expressing its gravest concern that the DPRK's ongoing nuclear- and ballistic missile-related activities have further generated increased tension in the region and beyond, and determining that there continues to exist a clear threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations, and taking measures under its Article 41,
1. Condemns in the strongest terms the ballistic missile launches conducted by the DPRK on 3 July and 28 July of 2017, which the DPRK has stated were launches of intercontinental ballistic missiles, and which used ballistic missile technology in violation and flagrant disregard of the Security Council's resolutions;
2. Reaffirms its decisions that the DPRK shall not conduct any further launches that use ballistic missile technology, nuclear tests, or any other provocation; shall suspend all activities related to its ballistic missile program and in this context re-establish its pre-existing commitments to a moratorium on missile launches; shall abandon all nuclear weapons and existing nuclear programs in a complete, verifiable and irreversible manner, and immediately cease all related activities; and shall abandon any other existing weapons of mass destruction and ballistic missile programs in a complete, verifiable and irreversible manner;
Designations
3. Decides that the measures specified in paragraph 8 (d) of resolution 1718 (2006) shall apply also to the individuals and entities listed in Annex I and II of this resolution and to any individuals or entities acting on their behalf or at their direction, and to entities owned or controlled by them, including through illicit means, and decides further that the measures specified in paragraph 8 (e) of resolution 1718 (2006) shall also apply to the individuals listed in Annex I of this resolution and to individuals acting on their behalf or at their direction;
4. Decides to adjust the measures imposed by paragraph 8 of resolution 1718 (2006) and this resolution through the designation of additional goods, directs the Committee to undertake its tasks to this effect and to report to the Security Council within fifteen days of adoption of this resolution, and further decides that, if the Committee has not acted, then the Security Council will complete action to adjust the measures within seven days of receiving that report;
5. Decides to adjust the measures imposed by paragraph 7 of resolution 2321 (2016) through the designation of additional conventional arms-related items, materials, equipment, goods, and technology, directs the Committee to undertake its tasks to this effect and to report to the Security Council within thirty days of adoption of this resolution, further decides that, if the Committee has not acted, then the Security Council will complete action to adjust the measures within seven days of receiving that report, and directs the Committee to update this list every 12 months;
Transportation
6. Decides that the Committee may designate vessels for which it has information indicating they are, or have been, related to activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), or this resolution and all Member States shall prohibit the entry into their ports of such designated vessels, unless entry is required in the case of emergency or in the case of return to its port of origination, or unless the Committee determines in advance that such entry is required for humanitarian purposes or any other purposes consistent with the objectives of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), or this resolution;
7. Clarifies that the measures set forth in paragraph 20 of resolution 2270 (2016) and paragraph 9 of resolution 2321 (2016), requiring States to prohibit their nationals, persons subject to their jurisdiction and entities incorporated in their territory or subject to their jurisdiction from owning, leasing, operating any vessel flagged by the DPRK, without exception, unless the Committee approves on a case-by-case basis in advance, apply to chartering vessels flagged by the DPRK;
Sectoral
8. Decides that paragraph 26 of resolution 2321 (2016) shall be replaced by the following:
“Decides that the DPRK shall not supply, sell or transfer, directly or indirectly, from its territory or by its nationals or using its flag vessels or aircraft, coal, iron, and iron ore, and that all States shall prohibit the procurement of such material from the DPRK by their nationals, or using their flag vessels or aircraft, and whether or not originating in the territory of the DPRK, decides that for sales and transactions of iron and iron ore for which written contracts have been finalized prior to the adoption of this resolution, all States may allow those shipments to be imported into their territories up to 30 days from the date of adoption of this resolution with notification provided to the Committee containing details on those imports by no later than 45 days after the date of adoption of this resolution, and decides further that this provision shall not apply with respect to coal that the exporting State confirms on the basis of credible information has originated outside the DPRK and was transported through the DPRK solely for export from the Port of Rajin (Rason), provided that the exporting State notifies the Committee in advance and such transactions involving coal originating outside of the DPRK are unrelated to generating revenue for the DPRK's nuclear or ballistic missile programs or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), or this resolution;”
9. Decides that the DPRK shall not supply, sell or transfer, directly or indirectly, from its territory or by its nationals or using its flag vessels or aircraft, seafood (including fish, crustaceans, mollusks, and other aquatic invertebrates in all forms), and that all States shall prohibit the procurement of such items from the DPRK by their nationals, or using their flag vessels or aircraft, whether or not originating in the territory of the DPRK, and further decides that for sales and transactions of seafood (including fish, crustaceans, mollusks, and other aquatic invertebrates in all forms) for which written contracts have been finalized prior to the adoption of this resolution, all States may allow those shipments to be imported into their territories up to 30 days from the date of adoption of this resolution with notification provided to the Committee containing details on those imports by no later than 45 days after the date of adoption of this resolution;
10. Decides that the DPRK shall not supply, sell or transfer, directly or indirectly, from its territory or by its nationals or using its flag vessels or aircraft, lead and lead ore, and that all States shall prohibit the procurement of such items from the DPRK by their nationals, or using their flag vessels or aircraft, whether or not originating in the territory of the DPRK, and further decides that for sales and transactions of lead and lead ore for which written contracts have been finalized prior to the adoption of this resolution, all States may allow those shipments to be imported into their territories up to 30 days from the date of adoption of this resolution with notification provided to the Committee containing details on those imports by no later than 45 days after the date of adoption of this resolution;
11. Expresses concern that DPRK nationals frequently work in other States for the purpose of generating foreign export earnings that the DPRK uses to support its prohibited nuclear and ballistic missile programs, decides that all Member States shall not exceed on any date after the date of adoption of this resolution the total number of work authorizations for DPRK nationals provided in their jurisdictions at the time of the adoption of this resolution unless the Committee approves on a case-by-case basis in advance that employment of additional DPRK nationals beyond the number of work authorizations provided in a member state's jurisdiction at the time of the adoption of this resolution is required for the delivery of humanitarian assistance, denuclearization or any other purpose consistent with the objectives of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), or this resolution;
Financial
12. Decides that States shall prohibit, by their nationals or in their territories, the opening of new joint ventures or cooperative entities with DPRK entities or individuals, or the expansion of existing joint ventures through additional investments, whether or not acting for or on behalf of the government of the DPRK, unless such joint ventures or cooperative entities have been approved by the Committee in advance on a case-by-case basis;
13. Clarifies that the prohibitions contained in paragraph 11 of resolution 2094 (2013) apply to clearing of funds through all Member States' territories;
14. Clarifies that companies performing financial services commensurate with those provided by banks are considered financial institutions for the purposes of implementing paragraph 11 of resolution 2094 (2013), paragraphs 33 and 34 of resolution 2270 (2016), and paragraph 33 of resolution 2321 (2016);
Chemical Weapons
15. Recalls paragraph 24 of resolution 2270 (2016), decides that the DPRK shall not deploy or use chemical weapons, and urgently calls upon the DPRK to accede to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and Their Destruction, and then to immediately comply with its provisions;
Vienna Convention
16. Demands that the DPRK fully comply with its obligations under the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations;
Impact on the People of the DPRK
17. Regrets the DPRK's massive diversion of its scarce resources toward its development of nuclear weapons and a number of expensive ballistic missile programs, notes the findings of the United Nations Office for the Coordination of Humanitarian Assistance that well over half of the people in the DPRK suffer from major insecurities in food and medical care, including a very large number of pregnant and lactating women and under-five children who are at risk of malnutrition and nearly a quarter of its total population suffering from chronic malnutrition, and, in this context, expresses deep concern at the grave hardship to which the people in the DPRK are subjected;
Sanctions Implementation
18. Decides that Member States shall report to the Security Council within ninety days of the adoption of this resolution, and thereafter upon request by the Committee, on concrete measures they have taken in order to implement effectively the provisions of this resolution, requests the Panel of Experts, in cooperation with other United Nations sanctions monitoring groups, to continue its efforts to assist Member States in preparing and submitting such reports in a timely manner;
19. Calls upon all Member States to redouble efforts to implement in full the measures in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), and 2356 (2017), and to cooperate with each other in doing so, particularly with respect to inspecting, detecting and seizing items the transfer of which is prohibited by these resolutions;
20. Decides that the mandate of the Committee, as set out in paragraph 12 of resolution 1718 (2006), shall apply with respect to the measures imposed in this resolution and further decides that the mandate of the Panel of Experts, as specified in paragraph 26 of resolution 1874 (2009) and modified in paragraph 1 of resolution 2345 (2017), shall also apply with respect to the measures imposed in this resolution;
21. Decides to authorize all Member States to, and that all Member States shall, seize and dispose (such as through destruction, rendering inoperable or unusable, storage, or transferring to a State other than the originating or destination States for disposal) of items the supply, sale, transfer, or export of which is prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), or this resolution that are identified in inspections, in a manner that is not inconsistent with their obligations under applicable Security Council resolutions, including resolution 1540 (2004), as well as any obligations of parties to the NPT, the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Development of 29 April 1997, and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction of 10 April 1972;
22. Emphasizes the importance of all States, including the DPRK, taking the necessary measures to ensure that no claim shall lie at the instance of the DPRK, or of any person or entity in the DPRK, or of persons or entities designated for measures set forth in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), or this resolution, or any person claiming through or for the benefit of any such person or entity, in connection with any contract or other transaction where its performance was prevented by reason of the measures imposed by this resolution or previous resolutions;
23. Requests that Interpol issue Special Notices with respect to designated individuals, and directs the Committee to work with Interpol to develop the appropriate arrangements to do so;
24. Requests the Secretary-General to provide additional analytical resources needed to the Panel of Experts established pursuant to resolution 1874 (2009) to strengthen its ability to analyze the DPRK's sanctions violation and evasion activities;
Political
25. Reiterates its deep concern at the grave hardship that the people in the DPRK are subjected to, condemns the DPRK for pursuing nuclear weapons and ballistic missiles instead of the welfare of its people while people in the DPRK have great unmet needs, and emphasizes the necessity of the DPRK respecting and ensuring the welfare and inherent dignity of people in the DPRK;
26. Reaffirms that the measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), and this resolution are not intended to have adverse humanitarian consequences for the civilian population of the DPRK or to affect negatively or restrict those activities, including economic activities and cooperation, food aid and humanitarian assistance, that are not prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017) and this resolution, and the work of international and non-governmental organizations carrying out assistance and relief activities in the DPRK for the benefit of the civilian population of the DPRK and decides that the Committee may, on a case-by-case basis, exempt any activity from the measures imposed by these resolutions if the committee determines that such an exemption is necessary to facilitate the work of such organizations in the DPRK or for any other purpose consistent with the objectives of these resolutions, and further decides that the measures specified in paragraph 8 (d) of resolution 1718 (2006) shall not apply with respect to financial transactions with the DPRK Foreign Trade Bank or the Korea National Insurance Corporation if such transactions are solely for the operation of diplomatic or consular missions in the DPRK or humanitarian assistance activities that are undertaken by, or in coordination with, the United Nations;
27. Reaffirms its support for 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, that the United States and the DPRK undertook to respect each other's sovereignty and exist peacefully together, that the Six Parties undertook to promote economic cooperation, and all other relevant commitments;
28. Reiterates the importance of maintaining peace and stability on the Korean Peninsula and in north-east Asia at large, and expresses its commitment to a peaceful, diplomatic, and political solution to the situation and welcomes efforts by the Council members as well as other States to facilitate a peaceful and comprehensive solution through dialogue and stresses the importance of working to reduce tensions in the Korean Peninsula and beyond;
29. Affirms that it shall keep the DPRK's actions under continuous review and is prepared to strengthen, modify, suspend or lift the measures as may be needed in light of the DPRK's compliance, and, in this regard, expresses its determination to take further significant measures in the event of a further DPRK nuclear test or launch;
30. Decides to remain seized of the matter.
Annex I
Travel Ban/Asset Freeze (Individuals)
-
1. CHOE CHUN YONG
-
a. Description: Representative for Ilsim International Bank, which is affiliated with the DPRK military and has a close relationship with the Korea Kwangson Banking Corporation. Ilsim International Bank has attempted to evade United Nations sanctions.
-
b. A.K.A.: Ch'oe Ch'un-yo'ng
-
c. Identifiers: Nationality: DPRK; Passport no.: 654410078; Gender: male
-
-
2. HAN JANG SU
-
a. Description: Chief Representative of the Foreign Trade Bank.
-
b. A.K.A.: Chang-Su Han
-
c. Identifiers: DOB: November 08, 1969; POB: Pyongyang, DPRK; Nationality: DPRK; Passport no.: 745420176, expires on October 19, 2020; Gender: male
-
-
3. JANG SONG CHOL
-
a. Description: Jang Song Chol is a Korea Mining Development Corporation (KOMID) representative overseas.
-
b. AKA: n/a
-
c. Identifiers: DOB: 12 March 1967; Nationality: DPRK
-
-
4. JANG SUNG NAM
-
a. Description: Chief of an overseas Tangun Trading Corporation branch, which is primarily responsible for the procurement of commodities and technologies to support the DPRK's defense research and development programs.
-
b. A.K.A.: n/a
-
c. Identifiers: DOB: July 14, 1970; Nationality: DPRK; Passport no.: 563120368, issued on March 22, 2013; Passport expiration date: March 22, 2018; Gender: male
-
-
5. JO CHOL SONG
-
a. Description: Deputy Representative for the Korea Kwangson Banking Corporation, which provides financial services in support to Tanchon Commercial Bank and Korea Hyoksin Trading, a subordinate entity of Korea Ryonbong General Corporation.
-
b. A.K.A.: Cho Ch'o'l-so'ng
-
c. Identifiers: DOB: September 25, 1984; Nationality: DPRK; Passport no.: 654320502, expires on September 16, 2019; Gender: male
-
-
6. KANG CHOL SU
-
a. Description: Official for Korea Ryonbong General Corporation, which specializes in acquisition for the DPRK's defense industries and support for the DPRK's military-related overseas sales. Its procurements also likely support the DPRK's chemical weapons program.
-
b. A.K.A.: n/a
-
c. Identifiers: DOB: February 13, 1969; Nationality: DPRK; Passport no.: 472234895
-
-
7. KIM MUN CHOL
-
a. Description: Representative for Korea United Development Bank.
-
b. A.K.A.: Kim Mun-ch'o'l
-
c. Identifiers: DOB: March 25, 1957; Nationality: DPRK
-
-
8. KIM NAM UNG
-
a. Description: Representative for Ilsim International Bank, which is affiliated with the DPRK military and has a close relationship with the Korea Kwangson Banking Corporation. Ilsim International Bank has attempted to evade United Nations sanctions.
-
b. A.K.A.: n/a
-
c. Identifiers: Nationality: DPRK; Passport no.: 654110043
-
-
9. PAK IL KYU
-
a. Description: Official for Korea Ryonbong General Corporation, which specializes in acquisition for DPRK's defense industries and support to Pyongyang's military-related sales. Its procurements also likely support the DPRK's chemical weapons program.
-
b. A.K.A.: Pak Il-Gyu
-
c. Identifiers: Nationality: DPRK; Passport no.: 563120235; Gender: male
-
List Update for Aliases:
-
• JANG BOM SU (KPi.016) — New AKA: Jang Hyon U with date of birth 22 February 1958 and diplomatic passport number 836110034, which expires on 1 January 2020.
-
• JON MYONG GUK (KPi.018) — New AKA: Jon Yong Sang with date of birth 25 August 1976 and diplomatic passport number 836110035, which expires on 1 January 2020.
Annex II
Asset Freeze (Entities)
-
1. FOREIGN TRADE BANK (FTB)
-
a. Description: Foreign Trade Bank is a state-owned bank and acts as the DPRK's primary foreign exchange bank and has provided key financial support to the Korea Kwangson Banking Corporation.
-
b. AKA: n/a
-
c. Location: FTB Building, Jungsong-dong, Central District, Pyongyang, DPRK
-
-
2. KOREAN NATIONAL INSURANCE COMPANY (KNIC)
-
a. Description: The Korean National Insurance Company is a DPRK financial and insurance company and is affiliated with Office 39.
-
b. AKA: Korea Foreign Insurance Company
-
c. Location: Central District, Pyongyang, DPRK
-
-
3. KORYO CREDIT DEVELOPMENT BANK
-
a. Description: Koryo Credit Development Bank operates in the financial services industry in the DPRK's economy.
-
b. AKA: Daesong Credit Development Bank; Koryo Global Credit Bank; Koryo Global Trust Bank
-
c. Location: Pyongyang, DPRK
-
-
4. MANSUDAE OVERSEAS PROJECT GROUP OF COMPANIES
-
a. Description: Mansudae Overseas Project Group of Companies engaged in, facilitated, or was responsible for the exportation of workers from the DPRK to other nations for construction-related activities including for statues and monuments to generate revenue for the Government of the DPRK or the Workers' Party of Korea. The Mansudae Overseas Project Group of Companies has been reported to conduct business in countries in Africa and Southeast Asia including Algeria, Angola, Botswana, Benin, Cambodia, Chad, the Democratic Republic of the Congo, Equatorial Guinea, Malaysia, Mozambique, Madagascar, Namibia, Syria, Togo, and Zimbabwe.
-
b. AKA: Mansudae Art Studio
-
c. Location: Pyongyang, DPRK
-
-----------
* This text was reproduced and reformatted from the text available at the United Nations website (visited October 23, 2017), http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2375(2017).
Resolution 2375 (2017)
Adopted by the Security Council at its 8042nd meeting, on 11 September 2017
The Security Council,
Recalling its previous relevant resolutions, including resolution 825 (1993), resolution 1695 (2006), resolution 1718 (2006), resolution 1874 (2009), resolution 1887 (2009), resolution 2087 (2013), resolution 2094 (2013), resolution 2270 (2016), resolution 2321 (2016), resolution 2356 (2017), resolution 2371 (2017) as well as the statements of its President of 6 October 2006 (S/PRST/2006/41), 13 April 2009 (S/PRST/2009/7), 16 April 2012 (S/PRST/2012/13), and 29 August 2017 (S/PRST/2017/16),
Reaffirming that proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security,
Expressing its gravest concern at the nuclear test by the Democratic People's Republic of Korea (“the DPRK”) on September 2, 2017 in violation of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), and 2371 (2017) and at the challenge such a test constitutes to the Treaty on Non-Proliferation of Nuclear Weapons (“the NPT”) and to international efforts aimed at strengthening the global regime of non-proliferation of nuclear weapons, and the danger it poses to peace and stability in the region and beyond,
Underlining once again the importance that the DPRK respond to other security and humanitarian concerns of the international community and expressing great concern that the DPRK continues to develop nuclear weapons and ballistic missiles by diverting critically needed resources away from the people in the DPRK who have great unmet needs,
Expressing its gravest concern that the DPRK's ongoing nuclear- and ballistic missile-related activities have destabilized the region and beyond, and determining that there continues to exist a clear threat to international peace and security,
Underscoring its concern that developments on the Korean Peninsula could have dangerous, large-scale regional security implications,
Underscoring its commitment to the sovereignty, territorial integrity, and political independence of all States in accordance with the Charter, and recalling the purposes and principles of the Charter of the United Nations,
Expressing also its desire for a peaceful and diplomatic solution to the situation, and reiterating its welcoming of efforts by Council members as well as other Member States to facilitate a peaceful and comprehensive solution through dialogue,
Underlining the need to ensure international peace and security, and ensure lasting stability in north-east Asia at large and to resolve the situation through peaceful, diplomatic and political means,
Acting under Chapter VII of the Charter of the United Nations, and taking measures under its Article 41,
1. Condemns in the strongest terms the nuclear test conducted by the DPRK on September 2 of 2017 in violation and flagrant disregard of the Security Council's resolutions;
2. Reaffirms its decisions that the DPRK shall not conduct any further launches that use ballistic missile technology, nuclear tests, or any other provocation; shall immediately suspend all activities related to its ballistic missile program and in this context re-establish its pre-existing commitments to a moratorium on all missile launches; shall immediately abandon all nuclear weapons and existing nuclear programs in a complete, verifiable and irreversible manner, and immediately cease all related activities; and shall abandon any other existing weapons of mass destruction and ballistic missile programs in a complete, verifiable and irreversible manner;
Designations
3. Decides that the measures specified in paragraph 8 (d) of resolution 1718 (2006) shall apply also to the individual and entities listed in Annex I and II of this resolution and to any individuals or entities acting on their behalf or at their direction, and to entities owned or controlled by them, including through illicit means, and decides further that the measures specified in paragraph 8 (e) of resolution 1718 (2006) shall also apply to the individual listed in Annex I of this resolution and to individuals acting on their behalf or at their direction;
4. Decides to adjust the measures imposed by paragraph 8 of resolution 1718 (2006) through the designation of additional WMD-related dual-use items, materials, equipment, goods, and technology, directs the Committee to undertake its tasks to this effect and to report to the Security Council within fifteen days of adoption of this resolution, and further decides that, if the Committee has not acted, then the Security Council will complete action to adjust the measures within seven days of receiving that report, and directs the Committee to regularly update this list every twelve months;
5. Decides to adjust the measures imposed by paragraph 8 (a), 8 (b) and 8 (c) of resolution 1718 (2006) through the designation of additional conventional arms-related items, materials, equipment, goods, and technology, directs the Committee to undertake its tasks to this effect and to report to the Security Council within fifteen days of adoption of this resolution, and further decides that, if the Committee has not acted, then the Security Council will complete action to adjust the measures within seven days of receiving that report, and directs the Committee to regularly update this list every twelve months;
6. Decides to apply the measures imposed by paragraph 6 of resolution 2371 (2016) on vessels transporting prohibited items from the DPRK, directs the Committee to designate these vessels and to report to the Security Council within fifteen days of adoption of this resolution, further decides that, if the Committee has not acted, then the Security Council will complete action to adjust the measures within seven days of receiving that report, and directs the Committee to regularly update this list when it is informed of additional violations;
Maritime Interdiction of Cargo Vessels
7. Calls upon all Member States to inspect vessels with the consent of the flag State, on the high seas, if they have information that provides reasonable grounds to believe that the cargo of such vessels contains items the supply, sale, transfer or export of which is prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) or this resolution, for the purpose of ensuring strict implementation of those provisions;
8. Calls upon all States to cooperate with inspections pursuant to paragraph 7 above, and, if the flag State does not consent to inspection on the high seas, decides that the flag State shall direct the vessel to proceed to an appropriate and convenient port for the required inspection by the local authorities pursuant to paragraph 18 of resolution 2270 (2016), and decides further that, if a flag State neither consents to inspection on the high seas nor directs the vessel to proceed to an appropriate and convenient port for the required inspection, or if the vessel refuses to comply with flag State direction to permit inspection on the high seas or to proceed to such a port, then the Committee shall consider designating the vessel for the measures imposed in paragraph 8 (d) of resolution 1718 (2006) and paragraph 12 of resolution 2321 (2016) and the flag State shall immediately deregister that vessel provided that such designation has been made by the Committee;
9. Requires any Member State, when it does not receive the cooperation of a flag State of a vessel pursuant to paragraph 8 above, to submit promptly to the Committee a report containing relevant details regarding the incident, the vessel and the flag State, and requests the Committee to release on a regular basis information regarding these vessels and flag States involved;
10. Affirms that paragraph 7 contemplates only inspections carried out by warships and other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect, and underscores that it does not apply with respect to inspection of vessels entitled to sovereign immunity under international law;
11. Decides that all Member States shall prohibit their nationals, persons subject to their jurisdiction, entities incorporated in their territory or subject to their jurisdiction, and vessels flying their flag, from facilitating or engaging in ship-to-ship transfers to or from DPRK-flagged vessels of any goods or items that are being supplied, sold, or transferred to or from the DPRK;
12. Affirms that paragraphs 7, 8 and 9 apply only with respect to the situation in the DPRK and shall not affect the rights, obligations, or responsibilities of Member States under international law, including any rights or obligations under the United Nations Convention on the Law of the Sea of 10 December 1982, with respect to any other situation and underscores in particular that this resolution shall not be considered as establishing customary international law;
Sectoral
13. Decides that all Member States shall prohibit the direct or indirect supply, sale or transfer to the DPRK, through their territories or by their nationals, or using their flag vessels or aircraft, and whether or not originating in their territories, of all condensates and natural gas liquids, and decides that the DPRK shall not procure such materials;
14. Decides that all Member States shall prohibit the direct or indirect supply, sale or transfer to the DPRK, through their territories or by their nationals, or using their flag vessels or aircraft, and whether or not originating in their territories, of all refined petroleum products, decides that the DPRK shall not procure such products, decides that this provision shall not apply with respect to procurement by the DPRK or the direct or indirect supply, sale or transfer to the DPRK, through their territories or by their nationals, or using their flag vessels or aircraft, and whether or not originating in their territories, of refined petroleum products in the amount of up to 500,000 barrels during an initial period of three months beginning on 1 October 2017 and ending on 31 December 2017, and refined petroleum products in the amount of up to 2,000,000 barrels per year during a period of twelve months beginning on 1 January 2018 and annually thereafter, provided that (a) the Member State notifies the Committee every thirty days of the amount of such supply, sale, or transfer to the DPRK of refined petroleum products along with information about all the parties to the transaction, (b) the supply, sale, or transfer of refined petroleum products involve no individuals or entities that are associated with the DPRK's nuclear or ballistic missile programmes or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) or this resolution, including designated individuals or entities, or individuals or entities acting on their behalf or at their direction, or entities owned or controlled by them, directly or indirectly, or individuals or entities assisting in the evasion of sanctions, and (c) the supply, sale, or transfer of refined petroleum products are exclusively for livelihood purposes of DPRK nationals and unrelated to generating revenue for the DPRK's nuclear or ballistic missile programmes or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) or this resolution, directs the Committee Secretary to notify all Member States when an aggregate amount of refined petroleum products sold, supplied, or transferred to the DPRK of 75 per cent of the aggregate amount for the period between 1 October 2017 and 31 December 2017 has been reached, and again notify all Member States when 90 percent and 95 percent of such aggregate amount has been reached, directs the Committee Secretary beginning on 1 January 2018 to notify all Member States when an aggregate amount of refined petroleum products sold, supplied, or transferred to the DPRK of 75 per cent of the aggregate yearly amounts have been reached, also directs the Committee Secretary beginning on 1 January 2018 to notify all Member States when an aggregate amount of refined petroleum products sold, supplied, or transferred to the DPRK of 90 per cent of the aggregate yearly amounts have been reached, and further directs the Committee Secretary beginning on 1 January 2018 to notify all Member States when an aggregate amount of refined petroleum products sold, supplied, or transferred to the DPRK of 95 per cent of the aggregate yearly amounts have been reached and to inform them that they must immediately cease selling, supplying, or transferring refined petroleum products to the DPRK for the remainder of the year, directs the Committee to make publicly available on its website the total amount of refined petroleum products sold, supplied, or transferred to the DPRK by month and by source country, directs the Committee to update this information on a real-time basis as it receives notifications from Member States, calls upon all Member States to regularly review this website to comply with the annual limits for refined petroleum products established by this provision, directs the Panel of Experts to closely monitor the implementation efforts of all Member States to provide assistance and ensure full and global compliance, and requests the Secretary-General to make the necessary arrangements to this effect and provide additional resources in this regard;
15. Decides that all Member States shall not supply, sell, or transfer to the DPRK in any period of twelve months after the date of adoption of this resolution an amount of crude oil that is in excess of the amount that the Member State supplied, sold or transferred in the period of twelve months prior to adoption of this resolution, unless the Committee approves in advance on a case-by-case basis a shipment of crude oil is exclusively for livelihood purposes of DPRK nationals and unrelated to the DPRK's nuclear or ballistic missile programmes or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) or this resolution;
16. Decides that the DPRK shall not supply, sell or transfer, directly or indirectly, from its territory or by its nationals or using its flag vessels or aircraft, textiles (including but not limited to fabrics and partially or fully completed apparel products), and that all States shall prohibit the procurement of such items from the DPRK by their nationals, or using their flag vessels or aircraft, whether or not originating in the territory of the DPRK, unless the Committee approves on a case-by-case basis in advance, and further decides that for such sales, supplies, and transfers of textiles (including but not limited to fabrics and partially or fully completed apparel products) for which written contracts have been finalized prior to the adoption of this resolution, all States may allow those shipments to be imported into their territories up to 90 days from the date of adoption of this resolution with notification provided to the Committee containing details on those imports by no later than 135 days after the date of adoption of this resolution;
17. Decides that all Member States shall not provide work authorizations for DPRK nationals in their jurisdictions in connection with admission to their territories unless the Committee determines on a case-by-case basis in advance that employment of DPRK nationals in a member state's jurisdiction is required for the delivery of humanitarian assistance, denuclearization or any other purpose consistent with the objectives of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), or this resolution, and decides that this provision shall not apply with respect to work authorizations for which written contracts have been finalized prior to the adoption of this resolution;
Joint Ventures
18. Decides that States shall prohibit, by their nationals or in their territories, the opening, maintenance, and operation of all joint ventures or cooperative entities, new and existing, with DPRK entities or individuals, whether or not acting for or on behalf of the government of the DPRK, unless such joint ventures or cooperative entities, in particular those that are non-commercial, public utility infrastructure projects not generating profit, have been approved by the Committee in advance on a case-by-case basis, further decides that States shall close any such existing joint venture or cooperative entity within 120 days of the adoption of this resolution if such joint venture or cooperative entity has not been approved by the Committee on a case-by-case basis, and States shall close any such existing joint venture or cooperative entity within 120 days after the Committee has denied a request for approval, and decides that this provision shall not apply with respect to existing China-DPRK hydroelectric power infrastructure projects and the Russia-DPRK Rajin-Khasan port and rail project solely to export Russia-origin coal as permitted by paragraph 8 of resolution 2371 (2017);
Sanctions Implementation
19. Decides that Member States shall report to the Security Council within ninety days of the adoption of this resolution, and thereafter upon request by the Committee, on concrete measures they have taken in order to implement effectively the provisions of this resolution, requests the Panel of Experts, in cooperation with other UN sanctions monitoring groups, to continue its efforts to assist Member States in preparing and submitting such reports in a timely manner;
20. Calls upon all Member States to redouble efforts to implement in full the measures in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), and this resolution and to cooperate with each other in doing so, particularly with respect to inspecting, detecting and seizing items the transfer of which is prohibited by these resolutions;
21. Decides that the mandate of the Committee, as set out in paragraph 12 of resolution 1718 (2006), shall apply with respect to the measures imposed in this resolution and further decides that the mandate of the Panel of Experts, as specified in paragraph 26 of resolution 1874 (2009) and modified in paragraph 1 of resolution 2345 (2017), shall also apply with respect to the measures imposed in this resolution;
22. Decides to authorize all Member States to, and that all Member States shall, seize and dispose (such as through destruction, rendering inoperable or unusable, storage, or transferring to a State other than the originating or destination States for disposal) of items the supply, sale, transfer, or export of which is prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), or this resolution that are identified in inspections, in a manner that is not inconsistent with their obligations under applicable Security Council resolutions, including resolution 1540 (2004), as well as any obligations of parties to the NPT, the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Development of 29 April 1997, and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction of 10 April 1972;
23. Emphasizes the importance of all States, including the DPRK, taking the necessary measures to ensure that no claim shall lie at the instance of the DPRK, or of any person or entity in the DPRK, or of persons or entities designated for measures set forth in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), or this resolution, or any person claiming through or for the benefit of any such person or entity, in connection with any contract or other transaction where its performance was prevented by reason of the measures imposed by this resolution or previous resolutions;
Political
24. Reiterates its deep concern at the grave hardship that the people in the DPRK are subjected to, condemns the DPRK for pursuing nuclear weapons and ballistic missiles instead of the welfare of its people while people in the DPRK have great unmet needs, and emphasizes the necessity of the DPRK respecting and ensuring the welfare and inherent dignity of people in the DPRK;
25. Regrets the DPRK's massive diversion of its scarce resources toward its development of nuclear weapons and a number of expensive ballistic missile programs, notes the findings of the United Nations Office for the Coordination of Humanitarian Assistance that well over half of the people in the DPRK suffer from major insecurities in food and medical care, including a very large number of pregnant and lactating women and under-five children who are at risk of malnutrition and nearly a quarter of its total population suffering from chronic malnutrition, and, in this context, expresses deep concern at the grave hardship to which the people in the DPRK are subjected;
26. Reaffirms that the measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) and this resolution are not intended to have adverse humanitarian consequences for the civilian population of the DPRK or to affect negatively or restrict those activities, including economic activities and cooperation, food aid and humanitarian assistance, that are not prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) and this resolution, and the work of international and non-governmental organizations carrying out assistance and relief activities in the DPRK for the benefit of the civilian population of the DPRK and decides that the Committee may, on a case-by-case basis, exempt any activity from the measures imposed by these resolutions if the committee determines that such an exemption is necessary to facilitate the work of such organizations in the DPRK or for any other purpose consistent with the objectives of these resolutions;
27. Emphasizes that all Member States should comply with the provisions of paragraphs 8 (a) (iii) and 8 (d) of resolution 1718 (2006) without prejudice to the activities of the diplomatic missions in the DPRK pursuant to the Vienna Convention on Diplomatic Relations;
28. Reaffirms its support for 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, that the United States and the DPRK undertook to respect each other's sovereignty and exist peacefully together, that the Six Parties undertook to promote economic cooperation, and all other relevant commitments;
29. Reiterates the importance of maintaining peace and stability on the Korean Peninsula and in north-east Asia at large, expresses its commitment to a peaceful, diplomatic, and political solution to the situation, and welcomes efforts by the Council members as well as other States to facilitate a peaceful and comprehensive solution through dialogue and stresses the importance of working to reduce tensions in the Korean Peninsula and beyond;
30. Urges further work to reduce tensions so as to advance the prospects for a comprehensive settlement;
31. Underscores the imperative of achieving the goal of complete, verifiable and irreversible denuclearization of the Korean Peninsula in a peaceful manner;
32. Affirms that it shall keep the DPRK's actions under continuous review and is prepared to strengthen, modify, suspend or lift the measures as may be needed in light of the DPRK's compliance, and, in this regard, expresses its determination to take further significant measures in the event of a further DPRK nuclear test or launch;
33. Decides to remain seized of the matter.
Annex I
Travel Ban/Asset Freeze (Individuals)
-
1. PAK YONG SIK
-
a. Description: Pak Yong Sik is a member of the Workers' Party of Korea Central Military Commission, which is responsible for the development and implementation of the Workers' Party of Korea military policies, commands and controls the DPRK's military, and helps direct the country's military defense industries.
-
b. AKA: n/a
-
c. Identifiers: YOB: 1950; Nationality: DPRK
-
Annex II
Asset Freeze (Entities)
-
1. CENTRAL MILITARY COMMISSION OF THE WORKERS' PARTY OF KOREA (CMC)
-
a. Description: The Central Military Commission is responsible for the development and implementation of the Workers' Party of Korea's military policies, commands and controls the DPRK's military, and directs the country's military defense industries in coordination with the State Affairs Commission.
-
b. AKA: n/a
-
c. Location: Pyongyang, DPRK
-
-
2. ORGANIZATION AND GUIDANCE DEPARTMENT (OGD)
-
a. Description: The Organization and Guidance Department is a very powerful body of the Worker's Party of Korea. It directs key personnel appointments for the Workers' Party of Korea, the DPRK's military, and the DPRK's government administration. It also purports to control the political affairs of all of the DPRK and is instrumental in implementing the DPRK's censorship policies.
-
b. AKA: n/a
-
c. Location: DPRK
-
-
3. PROPAGANDA AND AGITATION DEPARTMENT (PAD)
-
a. Description: The Propaganda and Agitation Department has full control over the media, which it uses as a tool to control the public on behalf of the DPRK leadership. The Propaganda and Agitation Department also engages in or is responsible for censorship by the Government of the DPRK, including newspaper and broadcast censorship.
-
b. AKA: n/a
-
c. Location: Pyongyang, DPRK
-
-----------
