Korea) Regulations, 2006

L.N. 275 of 2006

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

United Nations Sanctions (Democratic People’s Republic of

Korea) Regulations, 2006

IN exercise of the powers conferred by article 3 of the National

Interest (Enabling Powers) Act, the Prime Minister has made the

following regulations:-

The title of these regulations is the United Nations Sanctions Citation.

(Democratic People’s Republic of Korea) Regulations, 2006.

(Regulation 3)

S /RES/1718 (2006)

United Nations

Security Council

Distr.: General

14 October 2006

Resolution 1718 (2006)

Adopted by the Security Coun

cil at its 5551st meeting, on

14 October 2006

The Security Council ,

Recalling its previous relevant resolutions, including resolution 825 (1993),

resolution 1540 (2004) and, in particular, resolution 1695 (2006), as well as the

statement of its President of 6 October 2006 (S/PRST/2006/41),

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 the gravest concern at the claim by the Democratic People’s

Republic of Korea (DPRK) that it has conducted a test of a nuclear weapon on

9 October 2006, and at the challenge such a test constitutes to the Treaty on the

Non-Proliferation of Nuclear Weapons 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,

Expressing its firm conviction that the international regime on the

non-proliferation of nuclear weapons should be maintained and recalling that the

DPRK cannot have the status of a nuclear-weapon state in accordance with the

Treaty on the Non-Proliferation of Nuclear Weapons,

Deploring the DPRK’s announcement of withdrawal from the Treaty on the

Non-Proliferation of Nuclear Weapons and its pursuit of nuclear weapons,

Deploring further that the DPRK has refused to return to the Six-Party talks

without precondition,

Endorsing the Joint Statement issued on 19 September 2005 by China, the

DPRK, Japan, the Republic of Korea, the Russian Federation and the United States,

Underlining the importance that the DPRK respond to other security and

humanitarian concerns of the international community,

Expressing profound concern that the test claimed by the DPRK has generated

increased tension in the region and beyond, and determining therefore that there is 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,

Condemns the nuclear test proclaimed by the DPRK on 9 October 2006

1. in flagrant disregard of its relevant resolutions, in particular resolution 1695 (2006),

as well as of the statement of its President of 6 October 2006 (S/PRST/2006/41),

including that such a test would bring universal condemnation of the international

community and would represent a clear threat to international peace and security;

Demands that the DPRK not conduct any further nuclear test or launch of

2. a ballistic missile;

Demands that the DPRK immediately retract its announcement of

3. withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons;

Demands further that the DPRK return to the Treaty on the

4. Non-Proliferation of Nuclear Weapons and International Atomic Energy Agency

(IAEA) safeguards, and underlines the need for all States Parties to the Treaty on

the Non-Proliferation of Nuclear Weapons to continue to comply with their Treaty

obligations;

Decides that the DPRK shall suspend all activities related to its ballistic

5. missile programme and in this context re-establish its pre-existing commitments to a

moratorium on missile launching;

Decides that the DPRK shall abandon all nuclear weapons and existing

6. nuclear programmes in a complete, verifiable and irreversible manner, shall act

strictly in accordance with the obligations applicable to parties under the Treaty on

the Non-Proliferation of Nuclear Weapons and the terms and conditions of its

International Atomic Energy Agency (IAEA) Safeguards Agreement (IAEA

INFCIRC/403) and shall provide the IAEA transparency measures extending beyond

these requirements, including such access to individuals, documentation,

equipments and facilities as may be required and deemed necessary by the IAEA;

Decides also that the DPRK shall abandon all other existing weapons of

7. mass destruction and ballistic missile programme in a complete, verifiable and

irreversible manner;

Decides that

8. (a) 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

(i) Any battle tanks, armoured combat vehicles, large calibre artillery

systems, combat aircraft, attack helicopters, warships, missiles or missile

systems as defined for the purpose of the United Nations Register on

Conventional Arms, or related materiel including spare parts, or items as

determined by the Security Council or the Committee established by paragraph

12 below (the Committee);

(ii) All items, materials, equipment, goods and technology as set out in the

lists in documents S/2006/814 and S/2006/815, unless within 14 days of

adoption of this resolution the Committee has amended or completed their

provisions also taking into account the list in document S/2006/816, as well as

other items, materials, equipment, goods and technology, determined by the

Security Council or the Committee, which could contribute to DPRK’s

nuclear-related, ballistic missile-related or other weapons of mass destruction-

related programmes;

(iii) Luxury goods;

(b) The DPRK shall cease the export of all items covered in subparagraphs

(a) (i) and (a) (ii) above and that all Member States shall prohibit the procurement of

such items from the DPRK by their nationals, or using their flagged vessels or

aircraft, and whether or not originating in the territory of the DPRK;

(c) All Member States shall prevent any transfers to the DPRK by their

nationals or from their territories, or from the DPRK by its nationals or from its

territory, of technical training, advice, services or assistance related to the provision,

manufacture, maintenance or use of the items in subparagraphs (a) (i) and (a) (ii)

above;

(d) All Member States shall, in accordance with their respective legal

processes, freeze immediately the funds, other financial assets and economic

resources which are on their territories at the date of the adoption of this resolution

or at any time thereafter, that are owned or controlled, directly or indirectly, by the

persons or entities designated by the Committee or by the Security Council as being

engaged in or providing support for, including through other illicit means, DPRK’s

nuclear-related, other weapons of mass destruction-related and ballistic missile-

related programmes, or by persons or entities acting on their behalf or at their

direction, and ensure that any funds, financial assets or economic resources are

prevented from being made available by their nationals or by any persons or entities

within their territories, to or for the benefit of such persons or entities;

(e) All Member States shall take the necessary steps to prevent the entry into

or transit through their territories of the persons designated by the Committee or by

the Security Council as being responsible for, including through supporting or

promoting, DPRK policies in relation to the DPRK’s nuclear-related, ballistic

missile-related and other weapons of mass destruction-related programmes, together

with their family members, provided that nothing in this paragraph shall oblige a

state to refuse its own nationals entry into its territory;

(f) In order to ensure compliance with the requirements of this paragraph,

and thereby preventing illicit trafficking in nuclear, chemical or biological weapons,

their means of delivery and related materials, all Member States are called upon to

take, in accordance with their national authorities and legislation, and consistent

with international law, cooperative action including through inspection of cargo to

and from the DPRK, as necessary;

Decides that the provisions of paragraph 8 (d) above do not apply to

In these regulations, unless the context otherwise requires -

Interpretation.

“the Act” means the National Interest (Enabling Powers) Act;

“arms” means any battle tanks, armoured combat vehicles,

large calibre artillery systems, combat aircraft, attack helicopters,

warships, missiles or missile systems, or related materiel including

spare parts; items, materials, equipment, goods and technology as

determined by the Security Council or the Committee, which could

contribute to the DPRK’s nuclear, ballistic missile and weapons

of mass destruction related programmes;

“the Committee” means the Committee of the Security

Council of the United Nations consisting of all the members of the

said Council to undertake the tasks set out in paragraph 12 of the

Resolution;

“DPRK” is the Democratic People’s Republic of Korea;

“the Resolution” means the resolution referred to in regulation

3 hereof;

“the Security Council” means the Security Council of the

United Nations.

For the purpose of article 3 (4) of the Act, Resolution number Text of Resolution

1718 (2006) adopted by the Security Council of the United Nations on 1718 (2006).

the 14 th October, 2006 is published in the English language in the

Schedule to these regulations.

(1) The direct or indirect supply, sale or transfer to the DPRK

from Malta or by citizens of Malta, or using Malta’s flag vessels or

aircraft, of arms and luxury goods, whether or not originating from

Malta, and the provision of any technical training, advice, services or

assistance related to the provision, manufacture, maintenance or use of

such arms, is prohibited.

(2) The procurement by citizens of Malta, or using Malta’s

flag vessels or aircraft, of arms from the DPRK, whether such arms

originate in the territory of the DPRK or not, is prohibited.

(1) No persons designated by the Committee or by the

Security Council as being responsible for, supporting or promoting the

DPRK policies in relation to its nuclear, ballistic missile and weapons

of mass destruction related programmes, may enter into or transit through

Malta.

(2) The provisions of sub-regulation (1) hereof shall also

apply to such persons’ family members and nothing shall oblige Malta

from refusing entry into its territory to any of its own citizens.

(3) The measures imposed by sub-regulation (1) hereof shall

not apply where the Committee determines that such travel is justified

on the grounds of humanitarian need, including religious obligations,

or where the Committee concludes that an exemption would further the

objectives of the Resolution.

(1) Any funds, other financial assets and economic resources

which are in Malta and which are owned or controlled directly or

indirectly by the persons or entities designated by the Committee or by

the Security Council pursuant to regulation 5 (1) hereof, or that are held

by entities owned or controlled directly or indirectly by any persons

acting on their behalf or at their direction, as designated by the

Committee, shall be immediately frozen.

(2) Such funds, financial assets or economic resources shall

be prevented from being made available by any person or entity in Malta

to or for the benefit of such persons or entities.

(3) The provisions of this regulation do not apply to funds,

other financial assets and economic resources that have been determined

by the authorities of Malta

(a) to be necessary for basic expenses, including

payment for foodstuffs, rent or mortgage, medicines and

medical treatment, taxes, insurance premiums, and public

utility charges, or exclusively for payment of reasonable

professional fees and reimbursement of incurred expenses

associated with the provision of legal services, or fees or

service charges for the routine holding or maintenance of

frozen funds, other financial assets and economic resources,

after notification to the Committee of the intention to

authorise, where appropriate, access to such funds, other

financial assets and economic resources, and in the absence

of a negative decision by the Committee the foregoing shall

be effected within five working days of such notification;

(b) to be necessary for extraordinary expenses,

provided that such determination has been notified to the

Committee and has been approved by the Committee; or

(c) to be the subject of a judicial, administrative or

arbitral lien, or of a judgement, in which case the funds, other

financial assets and economic resources may be used to satisfy

that lien or judgement

Provided that such lien or judgement was entered prior

to the date of the Resolution, that they are not for the benefit

of a person referred to in sub-regulation (1) hereof or an

individual or entity identified by the Security Council or the

Committee, and that they have been notified to the Committee.

It shall be lawful for any person who is authorized to carry out Inspection of cargo.

such activity, to inspect cargo to or from the DPRK, as may be necessary,

so as to ensure compliance with the prevention of illicit trafficking in

nuclear, chemical or biological weapons, their means of delivery and

related materials.

Any person found guilty of an offence against these regulations Penalty.

shall, on conviction, be liable to a fine (multa) not exceeding fifty

thousand Maltese liri.

financial or other assets or resources that have been determined by relevant States

(a) To be necessary for basic expenses, including payment for foodstuffs,

rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and

public utility charges, or exclusively for payment of reasonable professional fees

and reimbursement of incurred expenses associated with the provision of legal

services, or fees or service charges, in accordance with national laws, for routine

holding or maintenance of frozen funds, other financial assets and economic

resources, after notification by the relevant States to the Committee of the intention

to authorize, where appropriate, access to such funds, other financial assets and

economic resources and in the absence of a negative decision by the Committee

within five working days of such notification;

(b) To be necessary for extraordinary expenses, provided that such

determination has been notified by the relevant States to the Committee and has

been approved by the Committee; or

(c) To be subject of a judicial, administrative or arbitral lien or judgement, in

which case the funds, other financial assets and economic resources may be used to

satisfy that lien or judgement provided that the lien or judgement was entered prior

to the date of the present resolution, is not for the benefit of a person referred to in

paragraph 8 (d) above or an individual or entity identified by the Security Council

or the Committee, and has been notified by the relevant States to the Committee;

Decides that the measures imposed by paragraph 8 (e) above shall not

apply where the Committee determines on a case-by-case basis that such travel is

justified on the grounds of humanitarian need, including religious obligations, or

where the Committee concludes that an exemption would otherwise further the

objectives of the present resolution;

Calls upon all Member States to report to the Security Council within

thirty days of the adoption of this resolution on the steps they have taken with a

view to implementing effectively the provisions of paragraph 8 above;

Decides to establish, in accordance with rule 28 of its provisional rules of

procedure, a Committee of the Security Council consisting of all the members of the

Council, to undertake the following tasks

(a) To seek from all States, in particular those producing or possessing the

items, materials, equipment, goods and technology referred to in paragraph 8 (a)

above, information regarding the actions taken by them to implement effectively the

measures imposed by paragraph 8 above of this resolution and whatever further

information it may consider useful in this regard;

(b) To examine and take appropriate action on information regarding alleged

violations of measures imposed by paragraph 8 of this resolution;

(c) To consider and decide upon requests for exemptions set out in

paragraphs 9 and 10 above;

(d) To determine additional items, materials, equipment, goods and

technology to be specified for the purpose of paragraphs 8 (a) (i) and 8 (a) (ii)

above;

(e) To designate additional individuals and entities subject to the measures

imposed by paragraphs 8 (d) and 8 (e) above;

(f) To promulgate guidelines as may be necessary to facilitate the

implementation of the measures imposed by this resolution;

(g) To report at least every 90 days to the Security Council on its work, with

its observations and recommendations, in particular on ways to strengthen the

effectiveness of the measures imposed by paragraph 8 above;

Welcomes and encourages further the efforts by all States concerned to

intensify their diplomatic efforts, to refrain from any actions that might aggravate

tension and to facilitate the early resumption of the Six-Party Talks, with a view to

the expeditious implementation of the Joint Statement issued on 19 September 2005

by China, the DPRK, Japan, the Republic of Korea, the Russian Federation and the

United States, to achieve the verifiable denuclearization of the Korean Peninsula

and to maintain peace and stability on the Korean Peninsula and in north-east Asia;

Calls upon the DPRK to return immediately to the Six-Party Talks

without precondition and to work towards the expeditious implementation of the

Joint Statement issued on 19 September 2005 by China, the DPRK, Japan, the

Republic of Korea, the Russian Federation and the United States;

Affirms that it shall keep DPRK’s actions under continuous review and

that it shall be prepared to review the appropriateness of the measures contained in

paragraph 8 above, including the strengthening, modification, suspension or lifting

of the measures, as may be needed at that time in light of the DPRK’s compliance

with the provisions of the resolution;

Underlines that further decisions will be required, should additional

measures be necessary;

Decides to remain actively seized of the matter.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press