North Korea

New Developments

On March 7, 2013, the United Nations Security Council (“Security Council”), acting under Chapter VII of the Charter of the United Nations, adopted Resolution 2094 (2013) imposing additional sanctions against the Democratic People’s Republic of Korea (DPRK). The sanctions strengthen and modify measures that had been imposed by the Security Council in Resolution 1718 (2006) and Resolution 1874 (2009). Resolution 2094 was adopted in response to a nuclear test conducted by the DPRK on February 12, 2013, which violated the two previous Resolutions.

The Regulations Amending Certain Regulations Imposing Sanctions on the Democratic People’s Republic of Korea will amend the Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of North Korea (DPRK) as follows: (a) amend the definitions of “DPRK” and “luxury goods”; (b) prohibit transfers of bulk cash (any amount of currency whose total value is greater than $10,000 in Canadian currency); (c) prohibit the provision of financial services to, from, for the benefit of, or on the direction or order of the DPRK or any person in the DPRK with respect to activities already prohibited under the Regulations; and (d) further elaborate on the prohibition on the provision of services or assistance in relation to arms and related material or resources contributing to the DPRK’s weapons programme, namely, to explicitly include brokering or other intermediary services in the class of prohibited services or assistance.

The Regulations Amending Certain Regulations Imposing Sanctions on the Democratic People’s Republic of Korea will exempt all activities already prohibited by the Regulations Implementing the United Nations Resolutions on the Democratic Republic of Korea (DPRK) from the scope of the Special Economic Measures (Democratic People’s Republic of Korea) Regulations.

Overview of non-UN-mandated Sanctions

On August 11, 2011, Canada imposed sanctions against North Korea 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 came into force to reinforce the message to the North Korean government that its aggressive actions, such as the sinking of the Cheonan, are unacceptable.

The Regulations provide for the following:

  • a ban on all exports;
  • a ban on all imports to Canada from North Korea;
  • a ban on all new investment in North Korea;
  • a ban on the provision of financial services to North Korea and to persons in North Korea;
  • a ban on the provision of technical data to North Korea, and
  • a ban on the docking and landing in, and transiting of, Canada by North Korean ships and aircraft.

Some exceptions are available, including the following:

  • humanitarian efforts and goods, such as food and medical supplies or equipment;
  • stabilization and reconstruction assistance and activities;
  • financial or other support provided by the Government of Canada; and
  • non-commercial remittances.

In addition, 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.

Overview of UN Sanctions

On 14 October 2006, acting under Chapter VII of the Charter of the United Nations, the United Nations Security Council adopted Resolution 1718 (2006) imposing sanctions against the Democratic People's Republic of Korea (DPRK) in response to a claim by North Korea that it conducted a test of a nuclear weapon on October 9, 2006. On June 12, 2009, the Security Council adopted Resolution 1874 (2009) modifying and strengthening the sanctions imposed against North Korea in 2006. Resolution 1874 (2009) was adopted in response to a nuclear test conducted by North Korea on May 25, 2009, which violated Resolution 1718 (2006), and missile activities that the Security Council deemed to be a clear threat to international peace and security. As noted above, Resolution 2094 (2013) was adopted on March 7, 2013 to strengthen and modify the measures contained in the previous resolutions.

The Regulations Implementing the United Nations Resolutions on the Democratic People's Republic of Korea (DPRK), implement the decisions of the Security Council in Canadian domestic law. Implementation of the travel ban imposed by Resolution 1718 (2006) is ensured in Canada under existing provisions of the Immigration and Refugee Protection Act.

The measures imposed against North Korea include:

  • a prohibition on the transfer of bulk cash
  • a prohibition on the export to any person in North Korea of:
    • all arms and related material, with the exception of small arms and light weapons and their related materials;
    • resources contributing to North Korea's weapons programme; and
    • luxury goods;
  • a prohibition on importing from any person in North Korea or any citizen of North Korea of:
    • all arms and related material; and
    • resources contributing to North Korea's weapons programme;
  • a prohibition on the provision, to any person in North Korea, of technical assistance related to the provision, manufacture, maintenance or use of arms and related material or resources contributing to the DPRK's weapons programme;
  • a prohibition on financial transactions related to the provision, manufacture, maintenance or use of arms or related material;
  • an assets freeze against persons designated by the Security Council or by the 1718 Committee; and
  • a travel ban against persons designated by the 1718 Committee.

Selected Documents

Regulations and Orders made under the Special Economic Measures Act:

Regulations made under the United Nations Act:

Announcements related to the Regulations made under the Special Economic Measures Act:

Links

If you have any comments, questions or suggestions relating to this page, please email sanctions@international.gc.ca.