Sanctions

Democratic People's Republic of Korea

Australia fully implements the United Nations Security Council (UNSC) sanctions regime in relation to the Democratic People’s Republic of Korea (DPRK, or North Korea). 

The UNSC adopted resolution 1718 (2006) on 14 October 2006 imposing the sanctions regime in response to the DPRK’s nuclear test on 9 October 2006. The sanctions regime has been amended and extended by UNSC resolution 1874 (2009), resolution 2087 (2013) and resolution 2094 (2013).

Australia also imposes an autonomous sanctions regime in relation to the DPRK.

The Australian Government announced the autonomous sanctions regime in September 2006 in response to Australia’s concerns about the nature of the DPRK’s nuclear, weapons of mass destruction and proliferation programs.  The sanctions regime has been amended on several occasions since.

This page summarises the current sanctions measures imposed by the sanctions regimes implemented by Australia in relation to the DPRK.

This page also includes information on de-listing requests from a designated person or entity and useful links.

Restrictions on the export or supply of goods

UNSC sanctions regime

1. Australian law prohibits the direct or indirect supply, sale or transfer to the DPRK of the following ‘ export sanctioned goods’:

without a sanctions permit.

2. Australian law also prohibits transfers of any financial or other assets or resources, including bulk cash, which could contribute to:

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may be able to grant a sanctions permit authorising the supply of ‘export sanctioned goods’ to the DPRK if the supply:

  • is a supply, sale or transfer of small arms or light weapons.

If you assess that your activity satisfies this condition, you may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

The Minister must notify the UNSC DPRK Sanctions Committee before granting a sanctions permit.

Implementing legislation

Restrictions on the export or provision of services

UNSC sanctions regime

1. Australian law prohibits:

without a sanctions permit.

2. Australian law also prohibits the provision of a bunkering service to a DPRK vessel without a sanctions permit.

Conditions for the grant of a sanctions permit

1. The Minister for Foreign Affairs may grant a sanctions permit authorising the provision of a bunkering service to a DPRK vessel, but the Minister must not do so if:

unless:

2. The Minister for Foreign Affairs may also grant a sanctions permit authorising the provision of another service that would otherwise contravene these prohibitions if the service:

  • is in relation to a supply, sale or transfer of small arms or light weapons for which the Minister has granted a sanctions permit, or a foreign country has properly granted a sanctions permit.

If you assess that your activity satisfies these conditions, you may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

Implementing legislation

Restrictions on the import or procurement of goods

UNSC sanctions regime

Australian law prohibits the procurement from the DPRK, or from a person or entity in the DPRK, of the following ‘import sanctioned goods’:

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may not grant a sanctions permit authorising the procurement of ‘import sanctioned goods’ from the DPRK.

Implementing legislation

Regulations 4, 7 and 10 of the Charter of the United Nations (Sanctions — Democratic People’s Republic of Korea) Regulations 2008

Restrictions on the import or procurement of services

UNSC sanctions regime

Australian law prohibits the procurement from the DPRK, a person in the DPRK, or a national of the DPRK of a service that is:

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may not grant a sanctions permit authorising an activity that would contravene this prohibition.

Implementing legislation

Regulations 4, 8 and 11 of the Charter of the United Nations (Sanctions — Democratic People’s Republic of Korea) Regulations 2008

Targeted financial sanctions

UNSC sanctions regime

Australian law prohibits:

  • the use of or dealing with an asset that is owned or controlled by
    • a ‘designated person or entity’ for the DPRK; or
    • a person or entity acting on behalf of or at the direction of a 'designated person or entity' for the DPRK; and
  • making an asset directly or indirectly available to
    • a ‘designated person or entity’ for the DPRK;
    • a person acting on behalf of or at the direction of a ‘designated person or entity’ for the DPRK; or
    • an entity owned or controlled by a ‘designated person or entity’ for the DPRK

without a sanctions permit.

An ‘asset’ is defined broadly to include an asset or property of any kind, whether tangible or intangible, movable or immovable.

The Consolidated List includes the names of all designated persons and entities.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may be able to grant a sanctions permit authorising an activity that would contravene these prohibitions if the activity is:

  • a ‘basic expense dealing’;
  • a ‘legally required dealing’; or
  • an ‘extraordinary expense dealing’

as those terms are defined in regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.

If you assess that your activity satisfies this condition, you may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

The Minister may need to notify or receive the approval of the UNSC DPRK Sanctions Committee before granting a sanctions permit.

Implementing legislation

Australian autonomous sanctions regime

Australian law prohibits:

  • the use of or dealing with an asset that is owned or controlled by a ‘designated person or entity’ for the DPRK; and
  • making an asset available directly or indirectly to, or for the benefit of, a ‘designated person or entity’ for the DPRK

without a sanctions permit.

An ‘asset’ is defined broadly to include an asset or property of any kind, whether tangible or intangible, movable or immovable.

The Consolidated List includes the names of all designated persons and entities.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may grant a sanctions permit authorising an activity that would contravene these prohibitions if:

  • the Minister is satisfied that it would be in the national interest to do so; and
  • the application for the sanctions permit is for ‘a basic expense dealing’, a ‘legally required dealing’, or a ‘contractual dealing’ as those terms are defined in regulation 20 of the Autonomous Sanctions Regulations 2011.

If you assess that your activity satisfies these conditions, you may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

Implementing legislation

Travel bans

UNSC sanctions regime

Australian law prohibits the entry into or transit through Australia of a ‘designated person’ for the DPRK without authorisation by the UNSC.

The Consolidated List includes the names of all designated persons.

Implementing legislation

Australian autonomous sanctions regime

Australian law prohibits a ‘declared person’ from travelling to, entering or remaining in Australia unless the Minister for Foreign Affairs waives this prohibition.

The Consolidated List includes the names of all declared persons.

Conditions for the waiver of a travel ban

The Minister for Foreign Affairs may waive this prohibition only:

  • on the grounds that it would be in the national interest; or
  • on humanitarian grounds.

Implementing legislation

De-listing requests from a designated person or entity

UNSC sanctions regime

A person or entity designated for the purposes of the UNSC sanctions regime in relation to the DPRK may submit a de-listing request either through the focal point for de-listing established by UNSC resolution 1730 (2006), or through the person or entity’s country of citizenship or residence. 

Australian autonomous sanctions regime

A person or entity designated or declared for the purposes of the Australian autonomous sanctions regime in relation to the DPRK may submit a de-listing request to the Minister for Foreign Affairs under regulation 11 of Autonomous Sanctions Regulations 2011.