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Commission Implementing Regulation (EU) No 1355/2011 of 20 December 2011 amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea

OJ L 338, 21.12.2011, p. 39–47 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Special edition in Croatian: Chapter 18 Volume 014 P. 48 - 56

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21.12.2011   

EN

Official Journal of the European Union

L 338/39


COMMISSION IMPLEMENTING REGULATION (EU) No 1355/2011

of 20 December 2011

amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 329/2007 (1), and in particular Article 13(1)(e) thereof,

Whereas:

(1)

Annex V to Regulation (EC) No 329/2007 lists persons, entities and bodies who, having been designated by the Council, are covered by the freezing of funds and economic resources under that Regulation.

(2)

On 19 December 2011, the Council decided to amend the list of persons, entities and bodies to whom the freezing of funds and economic resources should apply. Annex V should therefore be updated.

(3)

In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately.

HAS ADOPTED THIS REGULATION:

Article 1

Annex V to Regulation (EC) No 329/2007 is hereby replaced by the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2011.

For the Commission, On behalf of the President,

Head of the Service for Foreign Policy Instruments


(1)  OJ L 88, 29.3.2007, p. 1.


ANNEX

‘ANNEX V

List of persons, entities and bodies referred to in Article 6(2)

A.   Natural persons referred to in Article 6(2)(a):

#

Name (and possible aliases)

Identifying information

Reasons

1.

CHANG Song-taek (alias JANG Song-Taek)

Date of birth:

2.2.1946 or 6.2.1946 or 23.2.1946 (North Hamgyong province)

Passport number (as of 2006): PS 736420617

Member of the National Defence Commission. Director of the Administrative Department of the Korean Workers' Party.

2.

CHON Chi Bu

 

Member of the General Bureau of Atomic Energy, former technical director of Yongbyon.

3.

CHU Kyu-Chang (alias JU Kyu-Chang)

Date of birth: between 1928 and 1933

First Deputy Director of the Defence Industry Department (ballistics programme), Korean Workers' Party, Member of the National Defence Commission.

4.

HYON Chol-hae

Year of birth: 1934 (Manchuria, China)

Deputy Director of the General Political Department of the People's Armed Forces (military adviser to Kim Jong-Il).

5.

JON Pyong-ho

Year of birth: 1926

Secretary of the Central Committee of the Korean Workers' Party, Head of the Central Committee's Military Supplies Industry Department controlling the Second Economic Committee of the Central Committee, member of the National Defence Commission.

6.

Lieutenant General KIM Yong Chol

(alias: Kim Yong-Chol; Kim Young-Chol; Kim Young-Cheol; Kim Young-Chul)

Year of birth: 1946

(Pyongan-Pukto, North Korea)

Commander of Reconnaissance General Bureau (RGB).

7.

KIM Yong-chun (alias Young-chun)

Date of birth: 4.3.1935

Passport number: 554410660

Deputy Chairman of the National Defence Commission, Minister for the People's Armed Forces, special adviser to Kim Jong-Il on nuclear strategy.

8.

O Kuk-Ryol

Year of birth: 1931

(Jilin Province, China)

Deputy Chairman of the National Defence Commission, supervising the acquisition abroad of advanced technology for nuclear and ballistic programmes.

9.

PAEK Se-bong

Year of birth: 1946

Chairman of the Second Economic Committee (responsible for the ballistics programme) of the Central Committee of the Korean Workers' Party. Member of the National Defence Commission.

10.

PAK Jae-gyong (alias Chae-Kyong)

Year of birth: 1933

Passport number: 554410661

Deputy Director of the General Political Department of the People's Armed Forces and Deputy Director of the Logistics Bureau of the People's Armed Forces (military adviser to Kim Jong-II).

11.

PAK To-Chun

Date of birth: 9.3.1944

(Jagang, Rangrim)

Member of the National Security Council. He is in charge of the arms industry and it is reported that he commands the office for nuclear energy. This institution is decisive for DPRK’s nuclear and carrier program.

12.

PYON Yong Rip (alias Yong-Nip)

Date of birth: 20.9.1929

Passport number: 645310121 (issued on 13.09.2005)

President of the Academy of Science, involved in WMD-related biological research.

13.

RYOM Yong

 

Director of the General Bureau of Atomic Energy (entity designated by the United Nations), in charge of international relations.

14.

SO Sang-kuk

Date of birth: between 1932 and 1938

Head of the Department of Nuclear Physics, Kim Il Sung University.


B.   Legal persons, entities and bodies referred to in Article 6(2)(a):

 

Name (and possible aliases)

Identifying information

Reasons

1.

Green Pine Associated Corporation (alias: Chongsong Yonhap; Ch’o’ngsong Yo’nhap; Saengpil Associated Company; General Precious Metal Complex (GPM); Myong Dae Company; Twin Dragon Trading (TDT))

c/o Reconnaissance General Bureau Headquarters, Hyongjesan-Guyok, Pyongyang / Nungrado, Pyongyang

Ch’o’ngsong Yo’nhap has been identified for sanctions for exporting arms or related material from North Korea. Green Pine specializes in the production of maritime military craft and armaments, such as submarines, military boats and missile systems, and has exported torpedoes and technical assistance to Iranian defence-related firms. Green Pine is responsible for approximately half of the arms and related materiel exported by North Korea and has taken over many of the activities of KOMID after its designation by the UNSC.

2.

Hesong Trading Corporation

Location: Pyongyang

Controlled by Korea Mining Development Corporation (KOMID) (entity designated by the United Nations, 24.4.2009); primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.

Hesong Trading Corporation is involved in supplies with potential use in ballistic missile program.

3.

Korea Complex Equipment Import Corporation

Location: Rakwon-dong, Pothonggang District, Pyongyang

Controlled by Korea Ryonbong General Corporation (entity designated by the United Nations, 24.4.2009); defence conglomerate specialising in acquisition for DPRK defence industries and support to that country's military-related sales.

4.

Korea Heungjin Trading Company

Location: Pyongyang

Pyongyang-based entity used by the Korea Mining Development Trading Corporation (KOMID) for trading purposes (KOMID was designated by the United Nations, 24.4.2009). Korea Heungjin Trading Company is also suspected to have been involved in supplying missile-related goods to Iran’s Shahid Hemmat Industrial Group.

5.

Korea International Chemical Joint Venture Company

(alias Choson International Chemicals Joint Operation Company; Chosun International Chemicals Joint Operation Company; International Chemical Joint Venture Corporation)

Location: Hamhung, South Hamgyong Province; Man gyongdae-kuyok, Pyongyang; Mangyungdae-gu, Pyongyang

Controlled by Korea Ryonbong General Corporation (entity designated by the United Nations, 24.4.2009); defence conglomerate specialising in acquisition for DPRK defence industries and support to that country's military-related sales.

6.

Korea Kwangsong Trading Corporation

Location: Rakwon-dong, Pothonggang District, Pyongyang

Controlled by Korea Ryonbong General Corporation (entity designated by the United Nations, 24.4.2009); defence conglomerate specialising in acquisition for DPRK defence industries and support to that country's military-related sales.

7.

Korea Pugang mining and Machinery Corporation ltd

 

Subsidiary of Korea Ryongbong General Corporation (entity designated by the United Nations, 24.4.2009); operates facilities for the production of aluminium powder, which can be used in missiles.

8.

Korea Ryonha Machinery Joint Venture Corporation

(alias: Chosun Yunha Machinery Joint Operation Company; Korea Ryenha Machinery J/V Corporation; Ryonha Machinery Joint Venture Corporation)

Location: Central District, Pyongyang; Mangungdae-gu, Pyongyang; Mangyongdae District, Pyongyang

Controlled by Korea Ryonbong General Corporation (entity designated by the United Nations, 24.4.2009); defence conglomerate specialising in acquisition for DPRK defence industries and support to that country’s military-related sales.

The production sites of Korea Ryonha Machinery Joint Venture Corporation have been modernized lately and are partly intended for processing materials relevant to nuclear production.

9.

Korea Taesong Trading Company

Location: Pyongyang

Pyongyang-based entity used by the Korea Mining Development Trading Corporation (KOMID) for trading purposes (KOMID was designated by the United Nations, 24.4.2009). Korea Taesong Trading Company has acted on behalf of KOMID in dealings with Syria.

10.

Munitions Industry Department

(alias: Military Supplies Industry Department)

Location: Pyongyang

Responsible for overseeing activities of North Korea’s military industries, including the Second Economic Committee (SEC) and KOMID. This includes overseeing the development of North Korea’s ballistic missile and nuclear programmes.

Until recently, Munitions Industry Department was headed by Jon Pyong Ho; information suggests that former Munitions Industry Department (MID) first vice director Chu Kyu-ch’ang (Ju Gyu-chang) is the current director of the MID, which is publicly referred to as the Machine Building Industry Department. Chu served as the overall supervisor for North Korea’s missile development, including oversight of the April 5, 2009 Taepo Dong-2 (TD-2) missile launch and the failed July 2006 TD-2 launch.

11.

Korean Ryengwang Trading Corporation

Rakwon-dong, Pothonggang District, Pyongyang, North Korea

Subsidiary of Korea Ryongbong General Corporation (entity designated by the United Nations, 24.4.2009).

12.

Reconnaissance General Bureau (RGB)

(alias: Chongch’al Ch’ongguk; RGB; KPA Unit 586)

Location: Hyongjesan-Guyok, Pyongyang, North Korea; Nungrado, Pyongyang, North Korea

The Reconnaissance General Bureau (RGB) is North Korea’s premiere intelligence organization, created in early 2009 by the merger of existing intelligence organizations from the Korean Workers’ Party, the Operations Department and Office 35, and the Reconnaissance Bureau of the Korean People’s Army. It falls under direct command of the Ministry of Defence and is primarily in charge of gathering military intelligence. RGB trades in conventional arms and controls the North Korean conventional arms firm Green Pine Associated Corporation (Green Pine).

13.

Second Economic Committee and Second Academy of Natural Sciences

 

The Second Economic Committee is involved in key aspects of North Korea’s missile program. The Second Economic Committee is responsible for overseeing the production of North Korea’s ballistic missiles. It also directs the activities of KOMID (KOMID was designated by the United Nations, 24.4.2009). It is a national-level organization responsible for research and development of North Korea’s advanced weapons systems, including missiles and probably nuclear weapons. It uses a number of subordinate organizations to obtain technology, equipment, and information from overseas, including Korea Tangun Trading Corporation, for use in North Korea’s missile and probably nuclear weapons programs.

14.

Sobaeku United Corp. (alias Sobaeksu United Corp.)

 

State-owned company, involved in research into, and the acquisition, of sensitive products and equipment. It possesses several deposits of natural graphite, which provide raw material for two processing facilities, which, inter alia, produce graphite blocks that can be used in missiles.

15.

Tosong Technology Trading Corporation

Location: Pyongyang

Controlled by the Korea Mining Development Corporation (KOMID) (entity designated by the United Nations, 24.4.2009); primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.

16.

Yongbyon Nuclear Research Centre

 

Research centre which has taken part in the production of military-grade plutonium. Centre maintained by the General Bureau of Atomic Energy (entity designated by the United Nations, 16.7.2009).


C.   Natural persons referred to in Article 6(2)(b):

#

Name (and possible aliases)

Identifying information

Reasons

1.

JON Il-chun

Date of birth: 24.8.1941

In February of 2010 KIM Tong-un was discharged from his office as director of Office 39, which is, among other things, in charge of purchasing goods out of the DPRK diplomatic representations bypassing sanctions. He was replaced by JON Il-chun. JON Il-chun is also said to be one of the leading figures in the State Development Bank.

2.

KIM Tong-un

 

Former director of ‘Office 39’ of the Central Committee of the Workers' Party, which is involved in proliferation financing.

3.

KIM Tong-Myo'ng

(alias: Kim Chin-so'k)

Year of birth: 1964

Nationality: North Korean

Kim Tong-Myo'ng acts on behalf of Tanchon Commercial Bank (entity designated by the United Nations, 24.4.2009).

Kim Dong Myong has held various positions within Tanchon since at least 2002 and is currently Tanchon's president. He has also played a role in managing Amroggang's affairs (owned or controlled by Tanchon Commercial Bank) using the alias Kim Chin-so'k.


D.   Legal persons, entities or bodies referred to in Article 6(2)(b):

#

Name (and possible aliases)

Identifying information

Reasons

1.

Amroggang Development Banking Corporation

(alias: Amroggang Development Bank; Amnokkang Development Bank)

Address: Tongan-dong, Pyongyang

Entity owned or controlled by Tanchon Commercial Bank (entity designated by the United Nations, 24.4.2009).

Established in 2006, Amroggang Development Banking Corporation is managed by officials of the Tanchon Commercial Bank, which plays a role in financing KOMID’s (entity designated by the United Nations, 24.4.2009) sales of ballistic missiles and has also been involved in ballistic missile transactions from KOMID to Iran’s Shahid Hemmat Industrial Group (SHIG).

2.

Bank of East Land

(alias: Dongbang Bank; Tongbang U’nhaeng; Tongbang Bank)

Address: PO Box 32, BEL Building, Jonseung-Dung, Moranbong District, Pyongyang

North Korean financial institution that facilitates weapons-related transactions for, and other support to, designated arms manufacturer and exporter Green Pine Associated Corporation (Green Pine). Bank of East Land has actively worked with Green Pine to transfer funds in a manner that circumvents sanctions.

In 2007 and 2008, Bank of East Land facilitated transactions involving Green Pine and designated Iranian financial institutions, including Bank Melli and Bank Sepah. Bank of East Land has also facilitated financial transactions for the benefit of North Korea’s Reconnaissance General Bureau’s (RGB) weapons program.

3.

Korea Daesong Bank

(alias: Choson Taesong Unhaeng; Taesong Bank)

Address: Segori-dong, Gyongheung St., Potonggang District, Pyongyang

Phone: 850 2 381 8221

Phone: 850 2 18111 ext. 8221

Fax: 850 2 381 4576

North Korean financial institution that is directly subordinated to Office 39 and is involved in facilitating North Korea’s proliferation financing projects.

4.

Korea Daesong General Trading Corporation

(alias: Daesong Trading; Daesong Trading Company; Korea Daesong Trading Company; Korea Daesong Trading Corporation)

Address: Pulgan Gori Dong 1, Potonggang District, Pyongyang

Phone: 850 2 18111 ext. 8204/8208

Phone: 850 2 381 8208/4188

Fax: 850 2 381 4431/4432

Company that is subordinated to Office 39 and is used to facilitate foreign transactions on behalf of Office 39.

Office 39’s Director of Office, Kim Tong-un is listed in Annex V of Council Regulation (EU) No 329/2007.

5.

Korea Kwangson Banking Corp. (KKBC)

(alias: Korea Kwangson Banking Corp; KKBC)

Address: Jungson-dong, Sungri Street, Central District, Pyongyang

A subordinate acting on behalf of or at the direction of, owned or controlled by the Korea Ryonbong General Corporation (entity designated by the United Nations, 24.4.2009).

Provides financial services in support of both Tanchon Commercial Bank (entity designated by the United Nations, 24.4.2009) and Korea Hyoksin Trading Corporation (entity designated by the United Nations, 16.7.2009);

Since 2008, Tanchon Commercial Bank has been utilizing KKBC to facilitate funds transfers likely amounting to millions of dollars, including transfers involving Korea Mining Development Trading Corporation (KOMID) (entity designated by the United Nations, 24.4.2009) related funds from Burma to China in 2009.

Additionally, Hyoksin, which the UN described as being involved in the development of weapons of mass destruction, sought to use KKBC in connection with a purchase of dual-use equipment in 2008. KKBC has at least one overseas branch in Dandong, China.

6.

Office 39 of The Korean Workers’ Party

(alias: Office #39; Office No. 39; Bureau 39; Central Committee; Third Floor Division 39.)

Address: Second KWP Government Building (Korean: Ch’o’ngsa), Chungso’ng, Urban Tower (Korean’Dong), Chung Ward, Pyongyang; Chung-Guyok (Central District), Sosong Street, Kyongrim-Dong, Pyongyang; Changgwang Street, Pyongyang.

Office 39 of the Korean Workers’ Party engages in illicit economic activity to support the North Korean government. It has branches throughout the nation that raise and manage funds and is responsible for earning foreign currency for North Korea’s Korean Workers’ Party senior leadership through illicit activities such as narcotics trafficking. Office 39 controls a number of entities inside North Korea and abroad through which it conducts numerous illicit activities including the production, smuggling, and distribution of narcotics. Office 39 has also been involved in the attempted procurement and transfer to North Korea of luxury goods.

Office 39 figures among the most important organisations assigned with currency and merchandise acquisition. The entity is said to be directly under the command of KIM Jong-il; it controls several trading companies some of which are active in illicit activites, among them Daesong General Bureau, part of Daesong group, the largest company group of the country. Office 39 according to some sources entertains representation office in Rome, Beijing, Bangkok, Singapore, Hongkong and Dubai. To the outside Office 39 changes name and appearance regularly. The director of Office 39, JON Il-chun is already listed on the EU sanction list.

Office 39 produced methamphetamine in Sangwon, South Pyongan Province and was also involved in the distribution of methamphetamine to small-scale North Korean smugglers for distribution through China and South Korea. Office 39 also operates poppy farms in North Hamkyo’ng Province and North Pyongan Province and produces opium and heroin in Hamhu’ng and Nachin.

In 2009, Office 39 was involved in the failed attempt to purchase and export to North Korea – through China – two Italian-made luxury yachts worth more than $15 million. Halted by Italian authorities, the attempted export of the yachts destined for Kim Jong-il was in violation of United Nations sanctions against North Korea under UNSCR 1718, which specifically requireMember States to prevent the supply, sale, or transfer of luxury goods to North Korea.

Office 39 previously used Banco Delta Asia to launder illicit proceeds. Banco Delta Asia was identified by the Treasury Department in September 2005 as a “primary money laundering concern” under Section 311 of the USA PATRIOT Act, because it represented an unacceptable risk of money laundering and other financial crimes.’


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