COUNCIL IMPLEMENTING REGULATION (EU) 2024/1602

of 31 May 2024

implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Regulation (EC) No 329/2007 (1), and in particular Article 47 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)	On 30 August 2017, the Council adopted Regulation (EU) 2017/1509.

(2)

In its conclusions of 17 July 2017, the Council stated that the Union would consider further appropriate responses to actions by the Democratic People’s Republic of Korea (the ‘DPRK’) that undermine the global non-proliferation and disarmament regime, notably through additional autonomous restrictive measures.

(3)

On 22 December 2017, in United Nations Security Council Resolution (‘UNSCR’) 2397 (2017), the United Nations Security Council (‘UNSC’) reaffirmed 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 programme 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 programmes 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 programmes in a complete, verifiable and irreversible manner.

(4)

On 19 December 2023, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) issued a declaration on behalf of the Union strongly condemning the launch, on 18 December 2023, by the DPRK of an inter-continental ballistic missile, for the fifth time in 2023, following the launch of a short-range ballistic missile the day before, which blatantly violated UNSCRs. This declaration underlined that the DPRK must comply immediately with its obligations under UNSCRs by abandoning all its nuclear weapons, other weapons of mass destruction, ballistic missile programmes and existing nuclear programmes, in a complete, verifiable and irreversible manner and cease all related activities. It reiterated that the DPRK cannot and will never have the status of a nuclear weapon state in accordance with the Non-Proliferation Treaty (NPT). The High Representative urged the DPRK and Russia to refrain from any exchanges of military equipment, missile technology or ammunition and abide by the successive UNSCRs that clearly prohibit any arms exports or imports involving the DPRK and condemned any military support for Russia’s war of aggression against Ukraine provided by the DPRK, reiterating the deep concern about reports of DPRK arms transfers to Russia.

(5)	From 1 January 2024 until 15 May 2024, the DPRK launched at least 12 ballistic missiles, with each of those launches again constituting a clear violation of UNSCRs.

(6)

Statements by the Spokesperson of the High Representative on 15 January 2024 and on 2 April 2024 condemned the DPRK’s ballistic missile launches and reiterated calls on the DPRK to cease all illegal actions that threaten regional and international peace and security, while urging the DPRK to engage in dialogue with relevant parties and to comply with its obligations under UNSCRs to abandon its nuclear weapons and ballistic missiles in a complete, verifiable, and irreversible manner.

(7)	In its conclusions of 15 December 2023, the European Council condemned the continued military support for Russia’s war of aggression provided by the DPRK, Belarus and Iran.

(8)	In its conclusions of 22 March 2024, the European Council called for preparing further sanctions against the DPRK, Belarus and Iran.

(9)

In view of the continued ballistic missile-related activities carried out by the DPRK, in violation of and with flagrant disregard for the relevant UNSCRs, as well as the military support given by the DPRK to Russia’s war of aggression against Ukraine, six individuals and three entities should be included in the lists of persons and entities subject to restrictive measures set out in Annexes XV and XVI to Regulation (EU) 2017/1509.

(10)	Regulation (EU) 2017/1509 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes XV and XVI to Regulation (EU) 2017/1509 are amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the date 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, 31 May 2024.

For the Council

The President

H. LAHBIB

(1) OJ L 224, 31.8.2017, p. 1.

ANNEX

Regulation (EU) 2017/1509 is amended as follows:

(1)

Annex XV is amended as follows:

(a)

under the heading ‘(a) Natural persons designated in accordance with point (a) of Article 34(4)’, the following entries are added:

	Name (and possible aliases)	Alias	Identifying information	Date of designation	Reasons
‘37.	SONG Rim 송림	Naya Liu	DOB: 25.2.1991 Nationality: DPRK Gender: male	31.5.2024	The UN Panel of Experts reports that Song Rim is a worker for the “Biryugang Overseas Technology Cooperation Company” (“Head of IT Development Department”), which is directly linked to the “Hapjanggang Trading Corporation”, which is subordinate to the Ministry of Rocket Industry of the Democratic People’s Republic of Korea. A DPRK IT worker, Song Rim was identified in an apparent promotional video for a voice phishing hacking application, as highlighted by the Panel of Experts in its 2022 midterm report. The individual is therefore directly involved in providing support for the DPRK’s illicit programmes.
38.	KIM Chol Sok	Sok Kha; Lee Un-Kang; Chang Sok-kha; Kang Hyok; Li Yun-chiang; Steven Lee	DOB: 1.1.1970 Nationality: DPRK Gender: male Passport: D0004492 (Cambodian diplomatic passport, currently invalid)	31.5.2024	The UN Panel of Experts reports that an intelligence officer of the Reconnaissance General Bureau of the DPRK, named Kim Chol Sok, operated hotels, casinos, restaurants and bars in Cambodia as of mid-2020 and worked to expand his business activities in tourism as well as in other business sectors, such as the mining of precious metals. Through his illicit activity in Cambodia, he is generating foreign currency whilst working for the Reconnaissance General Bureau. The Reconnaissance General Bureau of the DPRK is under UN sanctions since UNSCR 2270 (2016) of 2 March 2016. Kim Chol Sok is directly involved in violating UNSC resolutions and providing funds for the DPRK’s illicit programmes.
39.	RIM Yong Hyok	Abu Rim	DOB: 4.3.1972 POB: DPRK Nationality: DPRK Gender: male Deputy Representative for the Korea Mining Development Trading Corporation (KOMID) in Syria	31.5.2024	Rim Yong Hyok is the Deputy Representative for the UN-sanctioned Korea Mining Development Trading Corporation (KOMID) in Syria, which is the primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons from the DPRK. According to the United Nations Security Council Report on the Korea Mining and Development Trading Company (KOMID) and its subsidiary proxy cells, DPRK state-owned enterprises have been known to play a major role in the DPRK’s arms sales in global conflicts. Rim Yong Hyok has been promoting and supplying DPRK-made weapons and ammunition in Syria, including to Russian nationals, prompting his designation under US sanctions. He is directly involved in the DPRK’s illicit programmes.’

(b)

under the heading ‘(b) Legal persons, entities and bodies designated in accordance with point (a) of Article 34(4)’, the following entry is added:

Name (and possible aliases)

Alias

Location

Date of designation

Reasons

‘7.

Hapjanggang Trading Corporation

합장강무역회사

31.5.2024

The UN Panel of Experts reports that the “Hapjanggang Trading Corporation” is a subordinate to the Ministry of Rocket Industry of the DPRK. The Ministry of Rocket Industry is an agency of the Munitions Industry Department, which is responsible for the development of nuclear and missile technology. As such, the entity is directly involved in the DPRK’s illicit programmes.’

(c)

under the heading ‘(c) Natural persons designated in accordance with point (b) of Article 34(4)’, the following entry is added:

Name (and possible aliases)

Alias

Identifying information

Date of designation

Reasons

‘7.

KIM Kyong Nam

김경남

DOB: 11.07.1976

Nationality: DPRK

Gender: male

Foreign Trade Bank of the Democratic People’s Republic of Korea Representative in Khabarovsk, Russian Federation

31.5.2024

The UN Panel of Experts has received information from multiple UN Member States on Kim Kyong Nam being a representative of the Foreign Trade Bank (FTB), the DPRK’s primary foreign exchange bank. FTB was sanctioned by the Security Council Committee established pursuant to UNSCR 1718 (2006) on 26 July 2022. In his position, Kim Kyong Nam is directly involved in providing support for the DPRK’s illicit programmes.’

(d)

under the heading ‘(d) Legal persons, entities and bodies designated in accordance with point (b) of Article 34(4)’, the following entry is added:

Name (and possible aliases)

Alias

Location

Date of designation

Reasons

‘1.

Korea Namgang Trading Corporation (NTC)

조선남강무역회사

Korea Namgang Trading Company

Pyongyang, DPRK

31.5.2024

The Korea Namgang Trading Corporation is responsible for the expatriation of workers from the DPRK including expatriation to generate revenue for the DPRK government or the Workers’ Party of Korea. The Namgang Trading Corporation is involved in the logistics cycle of expatriating workers and handles DPRK personnel’s visas, passports and departures for overseas employment. Its personnel then remit funds back to the DPRK, some of which are routed directly back to the DPRK government. The DPRK’s continued expatriation of DPRK nationals as illicit labourers is part of an ongoing effort to undermine and evade UNSCR 2375 (2017) and UNSCR 2397(2017).’

(2)

Annex XVI is amended as follows:

(a)

under the heading ‘(a) Natural persons’, the following entries are added:

Name (and possible aliases)

Identifying information

Date of designation

Reasons

‘32.

AN Se-Ho

안세호

DOB: 15.6.1976

Passport: 572110043

Nationality: DPRK

Gender: male

Intermediary for the construction project of an ammunition factory in Mali

31.5.2024

An Se-Ho is a DPRK diplomat who was formerly the First Secretary at the Embassy of the DPRK in Conakry (Guinea). The embassy closed in December 2023. He was the main coordinator for the construction of an ammunition factory in Mali. In 2022, he met the Malian Minister of Territorial Administration and Decentralisation, Abdoulaye Maïga. In November 2022, he also met senior officials of the Malian junta to discuss the construction of the factory in Dialakorobougou, near Bamako.

33.

Oleg Nikolaevich KOZHEMYAKO

Олег Николаевич КОЖЕМЯКО

DOB: 17.3.1962

POB: Chernigovka, (Russian: Черниговка), Russian Federation

Passport: 572110043

Nationality: Russian

Gender: male

Governor, Primorsky Krai, Russian Federation

31.5.2024

In his capacity as governor of the Primorsky Krai region of the Russian Federation, Oleg Nikolaevich Kozhemyako played an instrumental role in the September 2023 official visit of Kim Jong Un to the Russian Federation. During that visit, Mr. Kozhemyako presented weaponry and uniforms to Kim Jong Un as gifts for him to take back to the DPRK, in violation of UN Security Council resolutions. Such material will then be used by the DPRK armed forces and reengineered, constituting an indirect transfer of technology to the DPRK. He is thus assisting in the evasion of UN sanctions.’

(b)

under the heading ‘(b) Legal persons, entities and bodies’, the following entry is added:

Name (and possible aliases)

Location

Date of designation

Reasons

‘10.

Eastern Stevedoring Company (a.k.a. Vostochnaya Stevedoring Company LLC)

OOO “Восточная Стивидорная Компания”

Address: 14a, ul. Vnutriportovaya. Vrangel-1 692941 Nakhodka, Russian Federation

31.5.2024

The Eastern Stevedoring Company, also known as the Vostochnaya Stevedoring Company, operates the terminals at the main container port of the Russian Far-East in Vostochny Port. It is through this port in the Russian Federation that thousands of containers of DPRK weapons and ammunition have been transferred to the Russian armed forces before being transported to near the front line in Ukraine. As operator of Vostochny Port, the Eastern Stevedoring Company has been involved in arms transfers from the DPRK to the Russian Federation, in violation of UNSCR 1718 (2006) and UNSCR 1874 (2009).’