Sanctions related to the Democratic People’s Republic of Korea (DPRK) have been enacted under the United Nations Act and the Special Economic Measures Act in order to pressure the DPRK to abandon all existing weapons of mass destruction programs, in response to the DPRK’s nuclear tests and ballistic missile launches.
The Regulations Implementing the United Nations Resolutions on the Democratic People's Republic of Korea (DPRK), as amended, impose an asset freeze and dealings prohibition on designated persons, which include both individuals and entities. The Regulations:
Prohibit the supply or transfer of bulk cash to or from the DPRK;
Prohibit the provision or acceptance of financial services in relation to any act or thing prohibited by these Regulations;
Prohibit Canadian financial institutions from opening branches in the DPRK;
Prohibit the export to the DPRK of:
arms and related material;
aviation fuel, including rocket fuel; and
products contributing to the DPRK’s weapons program;
Prohibit the provision to the DPRK of technical assistance related to the sale, supply, transfer, manufacture, use or maintenance of arms and related material or products contributing to the DPRK's weapons program;
Prohibit teaching or training DPRK nationals in fields such as advanced physics, aerospace engineering, and advanced computer simulation that could contribute to the DPRK’s proliferation-sensitive nuclear activities or the development of nuclear weapons delivery systems;
Prohibit importing from the DPRK:
arms and related material;
products contributing to the DPRK's program;
coal, iron, iron ore, gold, titanium ore, vanadium ore and rare earth minerals;
Prohibit the acceptance from the DPRK of technical assistance related to the sale, supply, transfer, manufacture, use or maintenance of arms and related material or products contributing to the DPRK’s weapons program;
Prohibit vessels and aircraft from carrying prohibited products and bulk cash to or from the DPRK;
Prohibit the provision of products or services for the operation or maintenance of a vessel that is registered in the DPRK;
Prohibit leasing or chartering of Canadian-flagged vessels or aircraft to the DPRK and the provision of crew services to the DPRK; and
Prohibit Canadians from owning, leasing, operating or insuring DPRK vessels, from providing any vessel classification, certification or related service to any DPRK vessel, and from obtaining authorization for a vessel to use the DPRK flag.
In Canada, implementation of travel restrictions against persons designated by the Security Council or by the 1718 Committee is ensured under the Immigration and Refugee Protection Act and its Regulations.
Sanctions under the Special Economic Measures (DPRK) Regulations provide for the following:
a ban on all exports to the DPRK;
a ban on all imports to Canada from the DPRK;
a ban on all new investment in the DPRK;
a ban on the provision of financial services to the DPRK and to persons in the DPRK;
a ban on the provision of technical data to DPRK; and
a ban on the docking and landing in, and transiting of, Canada by DPRK ships and aircraft.
There are some exceptions under the Special Economic Measures (DPRK) Regulations, including the following:
goods consigned to certain organizations for the purpose of safeguarding human life or disaster relief such as food, medicine and medical supplies or equipment;
stabilization and reconstruction assistance and activities;
financial or other support provided by the Government of Canada; and
Permits and Certificates
The Special Economic Measures (DPRK) Permit Authorization Order, made pursuant to subsection 4(4) of the Special Economic Measures Act, authorizes the Minister of Foreign Affairs to issue to any person in Canada or any Canadian outside Canada a permit to carry out a specified activity or transaction, or any class of activity or transaction, that is restricted or prohibited pursuant to the Regulations.
The Regulations Implementing the United Nations Resolutions on the Democratic People's Republic of Korea (DPRK) allow for the issuance of ministerial certificates to authorize certain prohibited activities if it is established that the requirements for participation in such activities are met, including, when required, the approval of the Committee of the Security Council established per Resolution 1718.
On October 14, 2006, acting under Chapter VII of the Charter of the United Nations, the United Nations Security Council (UNSC) adopted Resolution 1718 (2006) imposing sanctions against the Democratic People's Republic of Korea (DPRK) in response to a nuclear test conducted by the DPRK on October 9, 2006. On June 12, 2009, the UNSC adopted Resolution 1874 (2009) modifying and strengthening the sanctions imposed against the DPRK in 2006. Resolution 1874 (2009) was adopted in response to a nuclear test conducted by the DPRK on May 25, 2009, which violated Resolution 1718 (2006), and ballistic missile activities that the UNSC deemed to be a clear threat to international peace and security. Resolution 2094 (2013) was adopted on March 7, 2013, to strengthen and modify the measures contained in the previous resolutions. Resolution 2094 was adopted in response to a nuclear test conducted by the DPRK on February 12, 2013.
On March 2, 2016, the UNSC unanimously adopted Resolution 2270 (2016) to introduce additional sanctions against the DPRK in response to its systematic, ongoing and severe violations of past UNSC resolutions, in particular the nuclear test conducted by the DPRK on January 6, 2016 (its fourth such test since 2006). The Regulations Implementing the United Nations Resolutions on the Democratic People's Republic of Korea (DPRK) implement the decisions of the UNSC in Canadian domestic law.
On August 11, 2011, Canada imposed sanctions against the DPRK under the Special Economic Measures Act. These sanctions are in addition to existing sanctions passed under the United Nations Act. The Special Economic Measures (DPRK) Regulations were adopted to reinforce the message to the DPRK government that its aggressive actions, such as the sinking of the Cheonan, are unacceptable.
Please be advised that Global Affairs Canada cannot provide legal advice to members of the public. For this reason, we cannot deliver an opinion as to whether or not a specific activity or transaction would contravene sanctions legislation. You should consider seeking legal advice in relation to an activity that may contravene a Canadian sanction law.