2016D0849 — EN — 06.08.2016 — 001.001

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►B	COUNCIL DECISION (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (OJ L 141 28.5.2016, p. 79)

Amended by:

		Official Journal
		No	page	date
►M1	COUNCIL DECISION (CFSP) 2016/1341 of 4 August 2016	L 212	116	5.8.2016

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▼B

COUNCIL DECISION (CFSP) 2016/849

of 27 May 2016

concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP

CHAPTER I

EXPORT AND IMPORT RESTRICTIONS

Article 1

1.  The direct or indirect supply, sale, transfer or export of the following items and technology, including software, to the DPRK by nationals of Member States or through or from the territories of Member States, or using the flag vessels or aircraft of Member States, shall be prohibited, whether or not originating in the territories of the Member States:

▼M1

▼B

2.  It shall also be prohibited to:

3.  The procurement from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, of items or technology referred to in paragraph 1, as well as the provision to nationals of Member States by the DPRK of technical training, advice, services, assistance, financing and financial assistance referred to in paragraph 2, shall also be prohibited, whether or not originating in the territory of the DPRK.

Article 2

The measures imposed by Article 1(1)(g) shall not apply to the supply, sale or transfer of an item, or its procurement, where:

Article 3

1.  The direct or indirect sale, purchase, transport or brokering of gold and precious metals, as well as of diamonds, to, from or for the Government of the DPRK, its public bodies, corporations and agencies or the Central Bank of the DPRK, as well as persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, shall be prohibited.

2.  The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 4

1.  The procurement from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, of gold, titanium ore, vanadium ore and rare-earth minerals, shall be prohibited, whether or not originating in the territory of the DPRK.

2.  The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 5

The delivery of newly printed or minted or unissued DPRK-denominated banknotes and coinage to or for the benefit of the Central Bank of the DPRK shall be prohibited.

Article 6

1.  The direct or indirect supply, sale or transfer of luxury goods to the DPRK by nationals of Member States or through or from the territories of Member States, or using the flag vessels or aircraft of Member States, shall be prohibited whether or not originating in the territories of Member States.

2.  The import, purchase or transfer of luxury goods from the DPRK shall be prohibited.

3.  The Union shall take the necessary measures in order to determine the relevant items to be covered by paragraphs 1 and 2.

Article 7

1.  The procurement from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, of coal, iron, and iron ore, shall be prohibited, whether or not originating in the territory of the DPRK. The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.

2.  Paragraph 1 shall not apply with respect to coal that the procuring Member State confirms, on the basis of credible information, originates from outside the DPRK and was transported through the DPRK solely for export from the port of Rajin (Rason), provided that the Member State notifies the Sanctions 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 UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or by this Decision.

3.  Paragraph 1 shall not apply with respect to transactions 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 UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or by this Decision.

Article 8

1.  The sale or supply of aviation fuel, including aviation gasoline, naphtha-type jet fuel, kerosene-type jet fuel and kerosene-type rocket fuel, to the DPRK by nationals of Member States or from the territories of Member States, or using the flag vessels or aircraft of Member States, shall be prohibited whether or not originating in the territories of Member States.

2.  Paragraph 1 shall not apply if the Sanctions Committee has approved in advance on an exceptional case-by-case basis the transfer to the DPRK of such products for verified essential humanitarian needs and subject to specified arrangements for effective monitoring of delivery and use.

3.  Paragraph 1 shall not apply with respect to the sale or supply of aviation fuel to a civilian passenger aircraft outside the DPRK exclusively for consumption during its flight to the DPRK and its return flight.

Article 9

The import, purchase or transfer from the DPRK of petroleum products not covered by UNSCR 2270 (2016) shall be prohibited. The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

CHAPTER II

RESTRICTIONS ON FINANCIAL SUPPORT FOR TRADE

Article 10

1.  Member States shall not provide public financial support for trade with the DPRK, including the granting of export credits, guarantees or insurance, to their nationals or entities involved in such trade. This shall not affect commitments established prior to the entry into force of this Decision provided that such financial support does not contribute to the DPRK's nuclear-related, ballistic- missile-related or other weapons of mass destruction-related programmes or activities, or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or by this Decision.

2.  Private financial support for trade with the DPRK, including the granting of export credits, guarantees or insurance, to Member States' nationals or entities involved in such trade where such financial support could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or activities, or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or by this Decision, or to the evasion of measures imposed by those UNSCRs or by this Decision, shall be prohibited.

3.  Paragraphs 1 and 2 shall not concern trade for food, agricultural, medical or other humanitarian purposes.

CHAPTER III

RESTRICTIONS ON INVESTMENT

Article 11

1.  Investment in the territories under the jurisdiction of Member States by the DPRK, its nationals, or entities incorporated in the DPRK or subject to its jurisdiction, or by persons or entities acting on their behalf or at their direction, or by entities owned or controlled by them, shall be prohibited.

2.  The following shall be prohibited:

CHAPTER IV

FINANCIAL SECTOR

Article 12

Member States shall not enter into new commitments for grants, financial assistance or concessional loans to the DPRK, including through their participation in international financial institutions, except for humanitarian and developmental purposes directly addressing the need of the civilian population or the promotion of denuclearisation. Member States shall also exercise vigilance with a view to reducing current commitments and, if possible, putting an end to them.

Article 13

In order to prevent the provision of financial services or the transfer to, through, or from the territory of Member States, or to or by nationals of Member States or entities organised under their laws, or persons or financial institutions within their jurisdiction, of any financial or other assets or resources, including bulk cash, that could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or activities, or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013) 2094 (2013) or 2270 (2016) or by this Decision, or to the evasion of measures imposed by those UNSCRs or by this Decision, the following shall apply:

Article 14

1.  The opening of branches, subsidiaries or representative offices of DPRK banks, including the Central Bank of the DPRK, its branches and subsidiaries, and of other financial entities referred to in point (2) of Article 13, in the territories of Member States shall be prohibited.

2.  Existing branches, subsidiaries and representative offices shall be closed within 90 days of the adoption of UNSCR 2270 (2016).

3.  Unless approved in advance by the Sanctions Committee, it shall be prohibited for DPRK banks, including the Central Bank of the DPRK, its branches and subsidiaries, and for other financial entities referred to in point (2) of Article 13, to:

4.  Existing joint ventures, ownership interests and correspondent banking relationships with DPRK banks shall be terminated within 90 days of the adoption of UNSCR 2270 (2016).

5.  Financial institutions within the territories of Member States or under their jurisdiction shall be prohibited from opening representative offices, subsidiaries, branches or banking accounts in the DPRK.

6.  Existing representative offices, subsidiaries or banking accounts in the DPRK shall be closed within 90 days of the adoption of UNSCR 2270 (2016) if the relevant Member State has credible information that provides reasonable grounds to believe that such financial services could contribute to the DPRK's nuclear or ballistic-missile programmes, or to other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016).

7.  Paragraph 6 shall not apply if the Sanctions Committee determines on a case-by-case basis that such offices, subsidiaries or accounts are required for the delivery of humanitarian assistance, the activities of diplomatic missions in the DPRK pursuant to the Vienna Conventions on Diplomatic and Consular Relations, the activities of the UN or its specialised agencies or related organisations, or any other purposes consistent with UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016).

8.  Existing representative offices, subsidiaries or banking accounts in the DPRK shall be closed if the relevant Member State has credible information that provides reasonable grounds to believe that such financial services could contribute to the DPRK's nuclear or ballistic-missile programmes or to other activities prohibited by this Decision.

9.  A Member State may grant exemptions from paragraph 8 if it determines on a case-by-case basis that such offices, subsidiaries or accounts are required for the delivery of humanitarian assistance, the activities of diplomatic missions in the DPRK pursuant to the Vienna Conventions on Diplomatic and Consular Relations, the activities of the UN or its specialised agencies or related organisations, or any other purposes consistent with this Decision. The Member State concerned shall inform the other Member States in advance of its intention to grant an exemption.

Article 15

The direct or indirect sale or purchase of, or brokering or assistance in the issuance of, DPRK public or public-guaranteed bonds issued after 18 February 2013 to or from the Government of the DPRK, its public bodies, corporations and agencies, the Central Bank of the DPRK, or banks domiciled in the DPRK, or branches and subsidiaries, within and outside the jurisdiction of Member States, of banks domiciled in the DPRK, or financial entities that are neither domiciled in the DPRK nor within the jurisdiction of the Member States, but are controlled by persons or entities domiciled in the DPRK, as well as any persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, shall be prohibited.

CHAPTER V

TRANSPORT SECTOR

Article 16

1.  Member States shall inspect, in accordance with their national authorities and legislation and consistent with international law, including the Vienna Conventions on Diplomatic and Consular Relations, all cargo to and from the DPRK in their territory, or transiting through their territory, including at their airports, seaports and free-trade zones, or cargo brokered or facilitated by the DPRK or DPRK nationals, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, or by persons or entities listed in Annex I, or cargo that is being transported on DPRK-flagged aircraft or maritime vessels, for the purposes of ensuring that no items are transferred in violation of UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016).

2.  Member States shall inspect, in accordance with their national authorities and legislation and consistent with international law, including the Vienna Conventions on Diplomatic and Consular Relations, all cargo to and from the DPRK in their territory, or transiting through their territory, or cargo brokered or facilitated by the DPRK or DPRK nationals, or persons or entities acting on their behalf, including at their airports and seaports, if they have information that provides reasonable grounds to believe that the cargo contains items whose supply, sale, transfer or export is prohibited under this Decision.

3.  Member States shall 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 whose supply, sale, transfer or export is prohibited under this Decision.

4.  Member States shall cooperate, in accordance with their national legislation, with inspections pursuant to paragraphs 1 to 3.

5.  Aircrafts and vessels transporting cargo to and from the DPRK shall be subject to the requirement of additional pre-arrival or pre-departure information for all goods brought into or out of a Member State.

6.  In cases where inspection referred to in paragraphs 1 to 3 is undertaken, Member States shall seize and dispose of items whose supply, sale, transfer or export is prohibited under this Decision in accordance with paragraph 14 of UNSCR 1874 (2009) and paragraph 8 of UNSCR 2087 (2013).

7.  Member States shall deny entry into their ports of any vessel that has refused to allow an inspection after such an inspection has been authorised by the vessel's flag State, or if any DPRK-flagged vessel has refused to be inspected pursuant to paragraph 12 of UNSCR 1874 (2009).

8.  Paragraph 7 shall not apply where entry is required for the purpose of an inspection, or in the case of an emergency or in the case of return to the vessel's port of origin.

Article 17

1.  Member States shall deny permission to land in, take off from or overfly their territory to any aircraft, operated by DPRK carriers or originating from the DPRK in accordance with their national authorities and legislation and consistent with international law, in particular relevant international civil-aviation agreements.

2.  Paragraph 1 shall not apply in the case of an emergency landing or under the condition of landing for inspection.

3.  Paragraph 1 shall not apply in the event that the relevant Member State determines in advance that such entry is required for humanitarian purposes or any other purposes consistent with the objectives of this Decision.

Article 18

▼M1

1.  Member States shall prohibit the entry into their ports of any vessel that is owned, operated, crewed or flagged by the DPRK.

▼B

2.  Member States shall prohibit the entry into their ports of any vessel if they have information that provides reasonable grounds to believe that the vessel is owned or controlled, directly or indirectly, by a person or entity listed in Annex I, II or III, or contains cargo whose supply, sale, transfer or export is prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or by this Decision.

3.  Paragraph 1 shall not apply in the case of an emergency, in the case of return to the vessel's port of origination, where entry is required for the purpose of inspection or if the relevant Member State determines in advance that such entry is required for humanitarian purposes or any other purposes consistent with the objectives of this Decision.

4.  Paragraph 2 shall not apply in the case of an emergency, in the case of return to the vessel's port of origination, where entry is required for the purpose of inspection or if the Sanctions Committee determines in advance that such entry is required for humanitarian purposes or any other purposes consistent with the objectives of UNSCR 2270 (2016) or if the relevant Member State determines in advance that such entry is required for humanitarian purposes or any other purposes consistent with the objectives of this Decision. The Member State concerned shall inform the other Member States of any entry it has granted.

Article 19

The provision by nationals of Member States or from the territories of Member States of bunkering or ship-supply services, or other servicing of vessels, to DPRK vessels shall be prohibited if they have information that provides reasonable grounds to believe that the vessels carry items whose supply, sale, transfer or export is prohibited under this Decision, unless provision of such services is necessary for humanitarian purposes or until the cargo has been inspected, and seized and disposed of if necessary, in accordance with Article 16(1), (2), (3) and (6).

Article 20

1.  It shall be prohibited to lease or charter Member States' flagged vessels or aircraft or to provide crew services to the DPRK, any persons or entities listed in Annex I, II or III, any other DPRK entities, any other persons or entities whom the Member State determines to have assisted in the evasion of sanctions or in the violation of the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or of this Decision, any persons or entities acting on behalf or at the direction of any of the aforementioned, or any entities owned or controlled by any of the aforementioned.

2.  Paragraph 1 shall not apply to the leasing, chartering or provision of crew services, provided that the relevant Member State has notified the Sanctions Committee in advance on a case-by-case basis and has provided the Sanctions Committee with the information demonstrating that such activities are exclusively for livelihood purposes which will not be used by DPRK persons or entities to generate revenue, as well as information on measures taken to prevent such activities from contributing to violations of the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016).

3.  A Member State may grant an exemption from paragraph 1 if it determines on a case-by-case basis that such activities are exclusively for livelihood purposes which will not be used by DPRK persons or entities to generate revenue, and provided that it has information on measures taken to prevent such activities from contributing to violations of the provisions of this Decision. The Member State concerned shall inform the other Member States in advance of its intention to grant the exemption.

Article 21

Member States shall deregister any vessel that is owned, operated or crewed by the DPRK and shall not register any such vessel that is deregistered by another State pursuant to paragraph 19 of UNSCR 2270 (2016).

Article 22

1.  It shall be prohibited to register vessels in the DPRK, to obtain authorisation for a vessel to use the DPRK flag, or own, lease, operate, or provide any vessel classification, certification or associated service, or to insure any vessel flagged by the DPRK.

2.  Paragraph 1 shall not apply to activities notified in advance to the Sanctions Committee on a case-by-case basis, provided that the relevant Member State has provided the Sanctions Committee with detailed information on the activities, including the names of persons and entities involved in them, information demonstrating that such activities are exclusively for livelihood purposes which will not be used by DPRK persons or entities to generate revenue and information on measures taken to prevent such activities from contributing to violations of UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016).

CHAPTER VI

RESTRICTIONS ON ADMISSION AND RESIDENCE

Article 23

1.  Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:

2.  Point (a) of paragraph 1 shall not apply where the Sanctions 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 Sanctions Committee concludes that an exemption would otherwise further the objectives of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016).

3.  Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.

4.  Paragraph 1 shall be without prejudice to cases where a Member State is bound by an obligation of international law, namely:

5.  Paragraph 4 shall also be considered to apply in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).

6.  The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 4 or 5.

7.  Member States may grant exemptions from the measures imposed in point (b) of paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings and those promoted or hosted by the Union, or hosted by a Member State holding the chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes the policy objectives of restrictive measures, including democracy, human rights and the rule of law in the DPRK.

8.  A Member State wishing to grant exemptions referred to in paragraph 7 shall notify the Council thereof in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.

9.  Point (c) of paragraph 1 shall not apply in case of transit of representatives of the Government of the DPRK to the UN Headquarters to conduct UN business.

10.  In cases where, pursuant to paragraphs 4, 5, 7 and 9, a Member State authorises the entry into, or transit through, its territory of persons listed in Annex I, II or III, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.

11.  Member States shall exercise vigilance and restraint regarding the entry into, or transit through their territories of persons working on behalf or at the direction of a designated person or entity listed in Annex I.

Article 24

1.  Member States shall expel DPRK nationals who they determine are working on behalf of or at the direction of a person or entity listed in Annex I or Annex II, or who they determine are assisting in the evasion of sanctions or violating the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or of this Decision, from their territories for the purpose of repatriation to the DPRK, consistent with applicable national and international law.

2.  Paragraph 1 shall not apply where the presence of a person is required for the fulfilment of a judicial process or exclusively for medical, safety or other humanitarian purposes.

Article 25

1.  Member States shall expel DPRK diplomats, government representatives or other DPRK nationals acting in a governmental capacity who they determine are working on behalf of or at the direction of a person or entity listed in Annex I, II or III, or of a person or entity assisting in the evasion of sanctions or violating the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or of this Decision, from their territories for the purpose of repatriation to the DPRK, consistent with applicable national and international law.

2.  Paragraph 1 shall not apply in case of transit of representatives of the Government of the DPRK to the UN Headquarters or other UN facilities to conduct UN business.

3.  Paragraph 1 shall not apply where the presence of a person is required for the fulfilment of a judicial process or exclusively for medical, safety or other humanitarian purposes, or the Sanctions Committee has determined on a case-by-case basis that the expulsion of a person would be contrary to the objectives of UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016), or the relevant Member State has determined on a case-by-case basis that the expulsion of a person would be contrary to the objectives of this Decision. The Member State concerned shall inform the other Member States of any decision not to expel a person referred to in paragraph 1.

Article 26

1.  Member States shall expel any national of a third country who they determine is working on behalf of or at the direction of a person or entity listed in Annex I or II, assisting in the evasion of sanctions or violating the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or of this Decision, from their territories for the purpose of repatriation to that person's State of nationality, consistent with applicable national and international law.

2.  Paragraph 1 shall not apply where the presence of a person is required for the fulfilment of a judicial process or exclusively for medical, safety or other humanitarian purposes, or the Sanctions Committee has determined on a case-by-case basis that the expulsion of a person would be contrary to the objectives of UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016), or if the relevant Member State has determined on a case-by-case basis that the expulsion of a person would be contrary to the objectives of this Decision. The Member State concerned shall inform the other Member States of any decision not to expel a person referred to in paragraph 1.

3.  Paragraph 1 shall not apply in case of transit of representatives of the Government of the DPRK to the UN Headquarters or other UN facilities to conduct UN business.

CHAPTER VII

FREEZING OF FUNDS AND ECONOMIC RESOURCES

Article 27

1.  All funds and economic resources belonging to or owned, held or controlled, directly or indirectly, by the following persons and entities shall be frozen:

2.  No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of persons or entities referred to in paragraph 1.

3.  Exemptions may be made for funds and economic resources which are:

after notification, where appropriate, by the Member State concerned to the Sanctions Committee of the intention to authorise access to such funds and economic resources and in the absence of a negative decision by the Sanctions Committee within five working days of such notification.

4.  Exemptions may also be made for funds and economic resources which are:

5.  Paragraph 2 shall not apply to the addition to frozen accounts of:

provided that any such interest, other earnings and payments continue to be subject to paragraph 1.

6.  Paragraph 1 shall not prevent a designated person or entity listed in Annex II from making a payment due under a contract entered into before the listing of that person or entity, provided that the relevant Member State has determined that:

and after notification by the relevant Member State of the intention to make or receive such payments or to authorise, where appropriate, the unfreezing of funds or economic resources for this purpose, 10 working days prior to such authorisation.

7.  With regard to Korea National Insurance Corporation (KNIC):

A Member State shall inform the other Member States of any authorisation granted pursuant to this paragraph.

Article 28

Point (d) of Article 27(1) shall not apply with respect to funds, other financial assets or economic resources that are required to carry out the activities of the DPRK's missions to the UN and its specialised agencies and related organisations or other diplomatic and consular missions of the DPRK, or to any funds, other financial assets or economic resources that the Sanctions Committee determines in advance on a case-by-case basis are required for the delivery of humanitarian assistance, denuclearisation or any other purpose consistent with the objectives of UNSCR 2270 (2016).

Article 29

1.  Representative offices of entities listed in Annex I shall be closed.

2.  The direct or indirect participation in joint ventures or any other business arrangements by entities listed in Annex I, as well as persons or entities acting for or on their behalf, is prohibited.

CHAPTER VIII

OTHER RESTRICTIVE MEASURES

Article 30

Member States shall take the necessary measures to exercise vigilance and prevent specialised teaching or training of DPRK nationals, within their territories or by their nationals, in disciplines which would contribute to the DPRK's proliferation-sensitive nuclear activities and the development of nuclear-weapon delivery systems, including teaching or training in advanced physics, advanced computer simulation and related computer sciences, geospatial navigation, nuclear engineering, aerospace engineering, aeronautical engineering and related disciplines.

Article 31

Member States shall, in accordance with international law, exercise enhanced vigilance over DPRK diplomatic personnel so as to prevent such persons from contributing to the DPRK's nuclear or ballistic-missile programmes, or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or by this Decision, or to the evasion of measures imposed by those UNSCRs or by this Decision.

CHAPTER IX

GENERAL AND FINAL PROVISIONS

Article 32

No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, wholly or in part, by the measures imposed pursuant to UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016), including measures of the Union or of any Member State in accordance with, as required by or in any connection with the implementation of the relevant decisions of the UN Security Council or measures covered by this Decision, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:

Article 33

1.  The Council shall adopt modifications to Annex I on the basis of the determinations made by the UN Security Council or by the Sanctions Committee.

2.  The Council, acting by unanimity on a proposal from Member States or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish the lists in Annex II or III and adopt modifications thereto.

Article 34

1.  Where the UN Security Council or the Sanctions Committee lists a person or entity, the Council shall include that person or entity in Annex I.

2.  Where the Council decides to subject a person or entity to the measures referred to in points (b) or (c) of Article 23(1) or point (b) of Article 27(1), it shall amend Annex II or III accordingly.

3.  The Council shall communicate its decision to the person or entity referred to in paragraphs 1 and 2, including the grounds for listing, either directly, if the address is known, or through the publication of a notice, providing that person or entity with an opportunity to present observations.

4.  Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity accordingly.

Article 35

1.  Annexes I, II and III shall include the grounds for listing of listed persons and entities, as provided by the UN Security Council or by the Sanctions Committee with regard to Annex I.

2.  Annexes I, II and III shall also include, where available, information necessary to identify the persons or entities concerned, as provided by the UN Security Council or by the Sanctions Committee with regard to Annex I. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. Annex I shall also include the date of designation by the UN Security Council or by the Sanctions Committee.

Article 36

1.  This Decision shall be reviewed, and, if necessary, amended, in particular as regards the categories of persons, entities or items or additional persons, entities or items to be covered by the restrictive measures, or in accordance with relevant UNSCRs.

2.  The measures referred to in points (b) and (c) of Article 23(1) and points (b) and (c) of Article 27(1) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply in respect of the persons and entities concerned if the Council determines, in accordance with the procedure referred to in Article 33(2), that the conditions for their application are no longer met.

Article 37

Decision 2013/183/CFSP is repealed.

Article 38

This Decision shall enter into force on the date following that of its publication in the Official Journal of the European Union.

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ANNEX I

List of persons referred to in point (a) of Article 23(1) and of persons and entities referred to in point (a) of Article 27(1)

A.   Persons

B.   Entities

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ANNEX II

List of persons referred to in point (b) of Article 23(1) and of persons and entities referred to in point (b) of Article 27(1)

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ANNEX III

List of persons referred to in point (c) of Article 23(1) and point (c) of Article 27(1)

…

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( 1 ) Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1).