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North Korea
Overview of New 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 agressive 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 Existing UN Santions
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.
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.
On July 16, 2009, the 1718 Committee designated five entities; determined additional goods; and designated five individuals to be subject to the measures imposed in paragraph 8 of Resolution 1718. See details in UN Security Council document S/2009/364 (PDF, 36 KB) *
The measures imposed against North Korea include:
- 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:
- Special Economic Measures (DPRK) Regulations (SOR/2011-167): entered into force on August 11, 2011
- Special Economic Measures (DPRK) Permit Authorization Order (SOR/2011-168): entered into force on August 11, 2011
Regulations made under the United Nations Act:
- Justice Canada consolidation of the Regulations Implementing the United Nations Resolutions on the Democratic People's Republic of Korea (DPRK)
- Regulations Implementing the United Nations Resolution on the Democratic People's Republic of Korea (SOR/2006-287): entered into force on November 9, 2006
- Regulations Amending the Regulations Implementing the United Nations Resolution on the Democratic People's Republic of Korea (SOR/2009-232): entered into force on 30 July 2009
Links
- United Nations Security Council 1718 Committee (information concerning the work of the Committee, including related UN Security Council resolutions, designated persons, entities and goods, and links to UN Security Council documents S/2006/814, S/2006/815, S/2006/853 and S/2009/205 which are referred to in the Regulations)
- International Atomic Energy Agency (including links to IAEA Information Circulars INFCIRC/254/Rev.7/Part 2a and INFCIRC/254/Rev.9/Part 1a which are referred to in the Regulations)
- Office of the Superintendent of Financial Institutions - Notice to financial institutions
- DFAIT Export and Import Controls Bureau
- News Release: Minister Baird Welcomes Expanded Sanctions Against North Korea
- DFAIT Canada - North Korea Relations
If you have any comments, questions or suggestions relating to this page, please email sanctions@international.gc.ca.
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