Restrictions on the export or supply of goods - Department of Foreign Affairs and Trade

Restrictions on the export or supply of goods - Department of Foreign Affairs and Trade

Restrictions on the export or supply of goods

This page summarises Australia's restrictions on the export or supply of goods to the DPRK.
UNSC sanctions regime
Australian law prohibits the direct or indirect supply, sale or transfer to the DPRK of the following 'specified export sanctioned goods':
arms or related matériel;
aviation fuel;
condensates and natural gas liquids;
refined petroleum products;
crude oil;
luxury goods mentioned in the Charter of the United Nations (Sanctions – Democratic People's Republic of Korea) (Luxury Goods) Instrument 2017
goods mentioned in the documents specified by the Minister for Foreign Affairs and included in the Charter of the United Nations (Sanctions – Democratic People's Republic of Korea) (Documents) Instrument 2017
goods determined by the Security Council or the Committee for the purposes of subparagraphs (8)(a)(i) or (ii) of UNSC resolution 1718, or goods to which the measures mentioned in paragraphs 8(a), (b) and (c) of UNSC resolution 1718 apply under a decision of the Security Council or the Committee
goods that the Minister has determined could contribute to the nuclear or ballistic missile programs, or other weapons of mass destruction programs, of the Democratic People's Republic of Korea, or activities prohibited, or the evasion of measures imposed, by Resolution 1718, Resolution 1874, Resolution 2087, Resolution 2094 or Resolution 2270, or any other relevant Resolution of the Security Council
new helicopters
vessels (new or used), or
goods covered by any of chapters 72 to 89 of the Harmonised Commodity Description and Coding Systems (available at https://unstats.un.org/unsd/tradekb/Knowledgebase/50018/Harmonized-Commodity-Description-and-Coding-Systems-HS).

A sanctions permit is only available for the direct or indirect supply, sale or transfer to the DPRK of 'specified export sanctioned goods' on the grounds set out in regulations 14B(2)-(5) of the Charter of the United Nations (Sanctions — Democratic People's Republic of Korea) Regulations 2008.
Australian law also prohibits the direct or indirect supply, sale or transfer to the DPRK of goods that are not 'specified export sanctioned goods'.

A sanctions permit is only available for the direct or indirect supply, sale or transfer to the DPRK of goods that are not 'specified export sanctioned goods' on the grounds set out in regulations 14B(6)-(9) of the Charter of the United Nations (Sanctions — Democratic People's Republic of Korea) Regulations 2008.

A sanctions permit is not required for the supply of food or medicine to the DPRK.
A person does not make a 'sanctioned supply' of aviation fuel merely because the person supplies, sells or transfers an amount of aviation fuel for:
a flight of a civil passenger aircraft flagged or registered in the DPRK, so long as the amount does not exceed the amount necessary for that flight (including a standard margin for safety), or
a flight to the DPRK of a civil passenger aircraft not flagged or registered in the DPRK, so long as the amount does not exceed the amount necessary for that flight and the subsequent flight out of the DPRK (including a standard margin for safety).
Australian law also prohibits the transfer to a person of any financial or other assets or resources (including bulk cash), or gold (including through gold couriers) which could contribute to:
the nuclear or ballistic missile programs, or other weapons of mass destruction programs, of the DPRK, or
activities prohibited, or the evasion of measures imposed, by any United Nations Security Council Resolution regarding the DPRK.
Australian law also prohibits a sanctioned supply that is a supply, sale or transfer of refined petroleum products, crude oil, or goods covered by any of chapters 72 to 89 of the Harmonised Commodity Description and Coding Systems (available at https://unstats.un.org/unsd/tradekb/Knowledgebase/50018/Harmonized-Commodity-Description-and-Coding-Systems-HS).
Australian law also prohibits the use of an Australian pipeline, Australian railway, or a vehicle that is registered, or is required to be registered, under a law of a State or Territory, to transport the following goods in the course of, or for the purpose of, making a sanctioned supply, without a sanctions permit:
refined petroleum products
crude oil
industrial machinery
transportation vehicles, or
iron steel and other metals.

This prohibition excludes the provision of spare parts needed to maintain the safe operaPublish Posttion of DPRK commercial civilian passenger aircraft.