United Nations Sanctions (Democratic People's Republic of Korea) Amendment Regulations 2013

2013/257

Coat of Arms of New Zealand

United Nations Sanctions (Democratic People's Republic of Korea) Amendment Regulations 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 10th day of June 2013

Present:
His Excellency the Governor-General in Council

Pursuant to section 2 of the United Nations Act 1946, His Excellency the Governor-General makes the following regulations,—

  • (a) acting on the advice and with the consent of the Executive Council; and

  • (b) for the purpose of giving effect to resolution 2094 (2013) of the Security Council of the United Nations, adopted pursuant to the United Nations Charter on 7 March 2013, calling upon the Government of New Zealand and all other member States of the United Nations to apply in respect of the Democratic People's Republic of Korea the measures set out in that resolution.

Regulations

1 Title
  • These regulations are the United Nations Sanctions (Democratic People's Republic of Korea) Amendment Regulations 2013.

2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Principal regulations
4 Regulation 3 amended (Interpretation)
  • (1) In regulation 3(1), definition of designated person, paragraph (b), after resolution 1718, insert or paragraph 9 of resolution 2094.

    (2) In regulation 3(1), insert in its appropriate alphabetical order:

    resolution 2094 means resolution 2094 (2013) of the Security Council of the United Nations.

    (3) In regulation 3(1), definition of WMD and ballistic missile-related goods, after subparagraph (v), insert:

    • (va) S/2013/136:.

5 Regulation 9 amended (Power to withhold clearance of ship or aircraft)
  • In regulation 9, replace knows to be with has reasonable grounds to believe are.

6 New regulation 9A inserted (Aircraft not to take off from, land in, or fly over New Zealand)
  • After regulation 9, insert:

    9A Aircraft not to take off from, land in, or fly over New Zealand
    • (1) This regulation applies to an aircraft that has on board any goods—

      • (a) whose importation is prohibited by regulation 4; or

      • (b) whose exportation is prohibited by regulation 5.

      (2) Except with the consent of the Minister, no person who has reasonable grounds to believe that this regulation applies to an aircraft may permit or authorise the aircraft—

      • (a) to take off from New Zealand; or

      • (b) to land in New Zealand; or

      • (c) to fly over New Zealand.

      (3) Subclause (2)(b) does not apply to an emergency landing.

7 Regulation 15 amended (Prohibition on dealings in assets, money, or securities of, or derived from property of, designated persons)
  • Replace regulation 15(1) with:

    • (1) No person may knowingly transfer, pay for, sell, assign, dispose of, or otherwise deal with any asset, money, or security located in New Zealand that—

      • (a) is owned or controlled, directly or indirectly, by a designated person or a person or entity acting on behalf, or at the direction, of a designated person; or

      • (b) could contribute to—

        • (i) DPRK's nuclear-related, ballistic missile-related, or other weapons of mass destruction-related programmes; or

        • (ii) other activities prohibited by these regulations; or

        • (iii) the evasion of a determination of the Security Council that applies to DPRK and that is made under Article 41 of the Charter of the United Nations.

8 Regulation 17 amended (Designated persons to enter New Zealand only if consistent with determinations of Security Council)
  • (1) Replace regulation 17(1) with:

    • (1) The following persons must not enter New Zealand or transit through New Zealand if the entry or transit would be contrary to a determination of the Security Council that applies to DPRK and that is made under Article 41 of the Charter of the United Nations:

      • (a) a designated person:

      • (b) a member of the immediate family of a designated person:

      • (c) an individual acting on behalf of, or under the direction of, a designated person:

      • (d) an individual assisting in the evasion of the determination.

    (2) In regulation 17(2), replace a designated person or a member of that designated person's immediate family with a person described in that subclause.

    (3) In regulation 17(3), replace a designated person with a person described in subclause (1).

Rebecca Kitteridge, 
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, amend the United Nations Sanctions (Democratic People's Republic of Korea) Regulations 2006 (the principal regulations).

These regulations give effect to resolution 2094 (2013) of the Security Council of the United Nations adopted on 7 March 2013 calling for the imposition of sanctions in respect of the Democratic People's Republic of Korea (DPRK). The regulations amend the principal regulations to—

  • prohibit an aircraft from taking off from, landing in, or flying over New Zealand, if the aircraft is carrying goods the importation or exportation of which is prohibited:

  • expand the asset freeze sanctions to include assets, money, or securities that could contribute to DPRK's nuclear-related, ballistic missile-related, or other weapons of mass destruction-related programmes, to other activities prohibited by the principal regulations, or to the evasion of sanctions that apply to DPRK:

  • extend the prohibition on persons entering, or transiting through, New Zealand from designated persons and members of their immediate family to include individuals acting on behalf of, or on the direction of, a designated person and individuals assisting in the evasion of the prohibition.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 13 June 2013.

These regulations are administered by the Ministry of Foreign Affairs and Trade.