Revised Laws of Saint Lucia (2022)

Schedule 4

(Section 27(2))

LIST OF PROHIBITED ACTIVITIES WITH RESPECT TO DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

1.     Pursuant to section 27(1), the following activities are prohibited with respect to the Democratic People's Republic of Korea, namely —

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   (a)     except as provided under paragraph (b), the exporting, selling, supplying, transferring or shipping, directly or indirectly, to the Democratic People's Republic of Korea —

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      (i)     arms and ammunition,

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      (ii)     luxury goods, or

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      (iii)     resources that may contribute to the weapons programme of the Democratic People's Republic of Korea or benefit a person in the Democratic People's Republic of Korea;

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   (b)     paragraph (a), does not apply to —

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      (i)     the exporting, selling, supplying, transferring or shipping of food, medicine, material, goods or resources to be used for humanitarian or livelihood purposes, and that will not be used by a person in the Democratic People's Republic of Korea to generate revenue,

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      (ii)     an activity not prohibited by United Nations Security Council Resolution 1718 (2006),

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      (iii)     an activity for which the 1718 Committee has determined is not contrary to the objectives of United Nations Security Council Resolution 1718 (2006);

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   (c)     the provision of technical assistance to a person in the Democratic People's Republic of Korea or a person acting on behalf of a person in the Democratic People's Republic of Korea in the sale, supply transfer, manufacture, use or maintenance of —

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      (i)     arms and ammunition, or

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      (ii)     resources that may contribute to the weapons programme of the Democratic People's Republic of Korea;

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   (d)     the receipt of technical assistance from a person in the Democratic People's Republic of Korea or a person acting on behalf of a person in the Democratic People's Republic of Korea in the sale, supply, transfer, manufacture, use or maintenance of —

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      (i)     arms and ammunition, or

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      (ii)     resources that may contribute to the weapons programme of the Democratic People's Republic of Korea;

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   (e)     the carrying, causing to be carried or permitting to be carried —

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      (i)     arms and ammunition,

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      (ii)     luxury goods, or

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      (iii)     resources that may contribute to the weapons programme of the Democratic People's Republic of Korea,

that is destined for a person in the Democratic People's Republic of Korea;

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   (f)     the leasing or chartering of a vessel or aircraft or the provision of crew services to —

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      (i)     the Democratic People's Republic of Korea,

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      (ii)     a listed entity,

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      (iii)     a person who —

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         (A)     has assisted in the evasion of sanctions or violated the provisions of this Act; or

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         (B)     is acting on behalf of or at the direction of a person in subparagraph (i), (ii) or (iii)(A); or

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      (iv)     an entity that is owned or controlled by a person in subparagraph (i), (ii) or (iii)(A);

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   (g)     the importation, buying or procuring of —

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      (i)     arms and ammunition, or

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      (ii)     resources that may contribute to the weapons programme of the Democratic People's Republic of Korea,

from a person in the Democratic People's Republic of Korea;

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   (h)     subject to paragraph (i) —

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      (i)     the selling or purchasing, directly or indirectly, of public or public-guaranteed bonds issued after 19 February, 2013, to or from a person referred to in paragraph (i),

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      (ii)     the provision to a person referred to in paragraph (i), of brokering services related to public bonds or public- guaranteed bonds issued after 19 February, 2013, or

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      (iii)     assisting a person referred to in paragraph (i), in issuing public or public-guaranteed bonds by providing brokering services, advertising or any other service related to such bonds;

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   (i)     paragraph (h) applies to —

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      (i)     Democratic People's Republic of Korea or its Government and its public bodies, corporations and agencies,

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      (ii)     the Central Bank of the Democratic People's Republic of Korea,

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      (iii)     a credit or financial institution domiciled in the Democratic People's Republic of Korea, and

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      (iv)     a person acting on behalf of, or at the direction of a person referred to in subparagraph (i), (ii) or (iii);

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   (j)     the restriction against —

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      (i)     the provision or transferring, directly or indirectly, of bulk cash to a person in the Democratic People's Republic of Korea, or

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      (ii)     the receipt of bulk cash, directly or indirectly, from a person in the Democratic People's Republic of Korea;

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   (k)     engaging in a financial transaction that contributes to the nuclear or ballistic missile programme of the Democratic People's Republic of Korea;

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   (l)     the restriction against —

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      (i)     providing or making available financial or other related services to, or

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      (ii)     receiving financial or other related services from,

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        a person in the Democratic People's Republic of Korea or a person acting on behalf of a person in the Democratic People's Republic of Korea, directly or indirectly, for the purposes of contributing to the nuclear or ballistic missile programme of the Democratic People's Republic of Korea;

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   (m)     the restriction against a financial institution, directly or indirectly, providing financial services to a person for the purposes of procuring coal, iron, iron ore, gold, titanium ore, vanadium ore, or rare earth minerals from a person in the Democratic People's Republic of Korea or a person acting on behalf of a person in the Democratic People's Republic of Korea;

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   (n)     the restriction against a financial institution, where there are reasonable grounds to believe that the activities in paragraphs (i) and (ii) may contribute to the ballistic or missile programmes of the Democratic People's Republic of Korea or any other matter prohibited by this Act —

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      (i)     establishing joint ventures and taking an ownership interest in or establishing or maintaining correspondent banking relationships with a financial institution originating in the Democratic People's Republic of Korea, unless such transactions have been approved by the 1718 Committee in advance,

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      (ii)     conducting transactions with a financial institution originating in the Democratic People's Republic of Korea, and

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      (iii)     opening new representative offices or subsidiaries, branches or banking accounts in the Democratic People's Republic of Korea;

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   (o)     subject to paragraph (p), the selling or supplying to the Democratic People's Republic of Korea aviation fuel, including aviation gasoline, naptha-type jet fuel, kerosene-type fuel or kerosene-type rocket fuel;

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   (p)     paragraph (o) does not apply to —

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      (i)     the sale or supply of aviation fuel to a civilian passenger aircraft for the purposes of the aircraft's consumption during a flight to the Democratic People's Republic of Korea and its return flight, or

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      (ii)     a person selling or supplying to the Democratic People's Republic of Korea aviation fuel, including aviation gasoline, naptha-type jet fuel, kerosene-type fuel or kerosene-type rocket fuel, if that person first obtains the written approval of the 1718 Committee to do so for verified humanitarian needs;

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   (q)     subject to paragraph (r), the provision of bunkering services, including providing fuel or supplies to a vessel registered in the Democratic People's Republic of Korea if there are reasonable grounds to believe that the vessel is carrying items for which the supply, sale, transfer or export are prohibited by this Act;

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   (r)     paragraph (q) does not apply to a person that provides bunkering services, including the provision of fuel or supplies to a vessel registered in the Democratic People's Republic of Korea —

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      (i)     if the person first obtains the approval of the 1718 Committee to do so for humanitarian purposes, or

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      (ii)     until such time as the cargo on the vessel can be —

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         (A)     inspected by a customs officer, immigration officer or police officer; or

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         (B)     seized or disposed of in accordance with this Act.

2.     For the purposes of this Schedule —

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   (a)     “1718 Committee” means the Committee of the Security Council established under paragraph 12 of Security Council Resolution 1718 (2006);

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   (b)     “luxury goods” means the following —

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      (i)     jewelry such as —

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         (A)     jewelry with pearls;

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         (B)     gems;

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         (C)     precious and semi-precious stones (including diamonds, sapphires, rubies and emeralds), and

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         (D)     jewelry of precious metal or of metal clad with precious metal;

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      (ii)     transportation items as follows —

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         (A)     yachts,

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         (B)     aquatic recreational vehicles (such as personal watercraft),

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         (C)     snowmobiles (valued greater than two thousand United States dollars),

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         (D)     luxury automobiles (and motor vehicles); including automobiles and other vehicles to transport people (other than public transport), such as station wagons,

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         (E)     racing cars;

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      (iii)     luxury watches, including wrist, pocket, and others with a case of precious metal or of metal clad with precious metal;

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      (iv)     items of lead crystal;

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      (v)     recreational sports equipment;

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   (c)     “weapons programme” means the ballistic missile-related programmes in accordance with the nuclear or ballistic missile programmes or other activities of the Democratic People's Republic of Korea, which are prohibited by the United Nations Security Council Resolution 1718 (2006) and successor resolutions.

CHAPTER 12.30
UNITED NATIONS SANCTIONS (COUNTER-PROLIFERATION FINANCING) ACT

SUBSIDIARY LEGISLATION

No Subsidiary Legislation