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The EU has a policy of critical engagement towards the
Democratic People's Republic of Korea (DPRK). Its goals are to support a
lasting diminution of tensions on the Korean Peninsula and in the region, the
upholding of the international non-proliferation regime and the improvement of
the situation of human rights in the DPRK. It actively cooperates with all its
partners in the region to pursue these objectives.
EU Policy
The EU and the DPRK established diplomatic relations
in 2001, but the political contacts had started earlier, with a political
dialogue being held on a relatively regular basis since 1998. The most recent
round of this dialogue (14th session) was held in June 2015 in
Pyongyang.
The EU and the DPRK have very different views on
issues that are of major concern to the international community, in particular
on the DPRK's weapons of mass destruction and ballistic missile-related
programmes, human rights and regional relations.
In this context, the EU has been robustly implementing
the resolutions of the UN Security Council (see section on Sanctions) and has
been at the forefront of efforts aimed at improving the human rights situation
in the country, including at UN level, in particular with the UN Human Rights
Council and the UN General Assembly. It strongly supports the DPRK's
substantial and credible re-engagement with the international community on all
of these themes.
The EU has remained steadfast in its belief that
dialogue and engagement with the DPRK are key to achieving a positive
resolution of all above-mentioned issues of concern. The EU's own engagement
with the DPRK manifests itself not just in regular contacts (including via the
political dialogue) but also in concrete projects on the ground.
The EU has no Delegation in the DPRK. Its local
representation is ensured, in turn, by one of the seven Member States (CZ, BG,
DE, PL, RO, SE, and UK) that have resident Embassies in the country. In total,
26 Member States have diplomatic relations with the DPRK. The DPRK Embassy to
the UK follows EU affairs.
EU-funded projects in DPRK
The EU has been a provider of assistance (humanitarian
and food aid) since 1995. Most of the projects it currently funds (under the
responsibility of the European Commission) relate to food security, health,
water and sanitation and are of benefit to the most vulnerable people in the
DPRK's society. These projects are carried out by various implementing partners
some of whom are resident in the country. Emergency aid remains available,
should the need emerge, via the Commission. EU Member States have their own
development and aid projects in the DPRK along complementary lines to those of
the EU.
Education and Research
Eligible beneficiaries, organisations and institutions
of the DPRK may participate in the EU's research and innovation programmes,
provided that conditions in the relevant work programme are met. EU Member
States have their own education/cultural programmes open to DPRK
citizens/entities.
Trade and Investment
EU-DPRK trade in goods
in 2014 totalled EUR 34 million. In 2013 it was EUR
146 million, and in 2012 EUR 71 million. No data on trade in services is
available. There are some investments in the DPRK of EU origin, but the overall
amount appears to be very limited. The DPRK has concluded Bilateral Investment
Protection Treaties with six Member States, five of which are in force.
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Restrictive Measures
The EU has adopted legal acts imposing restrictive measures
on the DPRK. These legal acts implement several UN
Security Council Resolutions - 1718 (2006), 1874 (2009), 2087 (2013) and 2094
(2013) - and include additional autonomous measures that complement and
reinforce the UN-based sanctions. The relevant provisions are to be found in
Council Decision 2013/183/CFSP of 22 April 2013 concerning
restrictive measures against the DPRK and repealing
Decision 2010/800 CFSP and
Council Regulation (EC) No 329/2007 of 27 March 2007
concerning restrictive measures against the DPRK, both as amended. ![http://eeas.europa.eu/wel/images/doc_icons/f_pdf_16.gif](file:///C:\Users\18EE~1\AppData\Local\Temp\msohtmlclip1\01\clip_image001.gif)
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These measures are in essence targeted at the DPRK's
nuclear-related, other weapons of mass destruction-related and ballistic
missile-related programmes. They include prohibitions on the trade of goods,
services and technology which could contribute to the DPRK’s above-mentioned
illegal programmes. A number of people and entities that have been linked to
these programmes have been subject to travel restrictions and asset freeze,
both by the UN and autonomously by the EU. Other restrictions (in application
of UN sanctions and/or as EU autonomous measure) also apply in the broader
trade, transport and financial sectors.
The lists of persons and entities subject to
restrictive measures set out in Annex I, II and Annex III (currently empty) to
Decision 2013/183/CFSP and Annex IV, V and Annex Va (currently empty) to
Regulation (EC) No 329/2007.
EU restrictive measures against the Democratic
People's Republic of Korea (DPRK) as in force on date of publication
Export and import restrictions
Arms
Prohibition on the export and import of arms and
related materiel of all types, including a prohibition on the provision of
related technical and financial assistance or taking part in activities aimed
at the circumvention of those prohibitions.
Dual use goods
Prohibition on the export and import of goods and
technology which could contribute to DPRK's nuclear-related, ballistic
missile-related or other weapons of mass destruction-related programmes, as
determined by the UN Security Council or the UN Sanctions Committee, including
a prohibition on the provision of related technical and financial assistance or
taking part in activities aimed at the circumvention of those prohibitions.
Prohibition on the export and import of certain other
dual-use goods and technology, including dual-use goods as contained in Council
Regulation (EC) No 428/2009 (“EU dual-use Regulation”), including a prohibition
on the provision of related technical and financial assistance or taking part in
activities aimed at the circumvention of those prohibitions.
Prohibition on the export and import of certain key
components for the ballistic missile sector, including a prohibition on the
provision of related technical and financial assistance, or taking part in
activities aimed at the circumvention of those prohibitions.
Prohibition on the export and import of any other item
that could contribute to DPRK’s nuclear or ballistic missile programmes, or to
the evasion of prohibited activities, including a prohibition on the provision
of related technical and financial assistance, or taking part in activities
aimed at the circumvention of those prohibitions.
Gold, precious metals, diamonds
Prohibition on trade in gold, precious metals and
diamonds with the government of DPRK, its public bodies and the Central Bank of
DPRK, or persons and entities acting on their behalf or at their direction,
including a prohibition on the provision of related technical and financial
assistance.
Banknotes and coinage
Prohibition on the delivery of DPRK denominated
banknotes and coinage to the Central Bank of DPRK.
Luxury goods
Prohibition on the export to DPRK of certain luxury
goods or taking part in activities aimed at the circumvention of this
prohibition.
Restrictions on financial support for trade
Prohibition on provision of public financial support
for trade with DPRK where such financial support could contribute to DPRK's
nuclear-related, ballistic missiles-related or other weapons of mass
destruction-related programmes or to other prohibited activities, or to the
evasion of prohibited activities.
Financial sector
Financial assistance by Member States to DPRK
Prohibition on new commitments for grants, financial
assistance and concessional loans to DPRK by Member States, except for
humanitarian and developmental purposes addressing the need of the civilian
population or the promotion of denuclearisation. Member States shall exercise
vigilance with regard to reducing current commitments.
Monitoring of financial activities of financial
institutions
Enhanced monitoring by Member States of activities of
financial institutions within their jurisdiction in relation to their
activities with regard to DPRK banks, branches and subsidiaries of DPRK banks
and financial both inside and outside EU and, entities controlled by DPRK
persons and entities, to avoid such activities contributing to DPRK's nuclear
programme.
EU financial institutions are required in their
activities with such banks and financial entities to exercise continuous
monitoring of account activity, require completion of all information fields of
payment instructions, maintain records of all transactions for a period of 5
years and report transactions they suspect may contribute to DPRK’s
nuclear-related, ballistic missile-related or other weapons of mass
destruction-related programmes to national competent authorities.
Branches, subsidiaries or corresponding banking
relations
Prohibition for DPRK financial institutions, including
the Central Bank of DPRK, to open new branches, subsidiaries or representative
offices in EU.
DPRK banks may also no longer establish joint ventures
with, take an ownership interest in EU banks or establish corresponding banking
relations with EU banks.
DPRK banks may also no longer maintain corresponding
banking relations with EU banks where there are reasonable grounds to believe
that this could contribute to DPRK's nuclear or ballistic missiles programmes
or to other prohibited activities, or to the evasion of prohibited activities.
Prohibition for EU banks to open representative
offices, subsidiaries, branches or bank accounts in DPRK.
DPRK bonds
Prohibition on trade and related services for DPRK
public or public-guaranteed bonds issued after 18 February 2013 with the
Government of DPRK, the Central Bank of DPRK and other DPRK banks or financial
institutions.
Transport sector
Inspections
Obligation for Member States to inspect all cargo to
and from DPRK, and cargo brokered or facilitated by DPRK or DPRK nationals or
persons or entities acting on their behalf, where there are reasonable grounds
to believe that the cargo contains prohibited items.
Requirement to inspect vessels on the high seas where
there are reasonable grounds to believe that vessels carry prohibited items.
Obligation for aircraft and vessels transporting cargo
to and from DPRK to supply additional pre-arrival and pre-departure information
for all goods brought into or out of EU.
Obligation to deny vessels which refuse inspection
entry to an EU port.
Obligation to deny permission for airplanes to land
in, take off or overfly EU territory, if there are reasons to believe that
their cargo contains prohibited items.
It is also prohibited to take part in activities aimed
at the circumvention of the above transport sector measures.
Bunkering
Prohibition on the provision of bunkering or ship
supply services to DPRK vessels if there are reasonable grounds to believe that
the vessels carry prohibited items, unless necessary for humanitarian purposes.
Restrictions on admission and residence
Restrictions on admission
Prohibition to admit to the territory of EU Member
States persons responsible, including through supporting or promoting, for
DPRK's nuclear-related, ballistic missile-related or other weapons of mass
destruction-related programmes, and persons acting on their behalf or at their
direction.
Prohibition to admit to the territory of EU Member
States persons who provide financial services or the transfer to through or
from EU territory of any financial or other assets or resources that could
contribute to DPRK's nuclear-related, ballistic missile-related or other
weapons of mass destruction-related programmes, or persons who are involved in
the supply to or from DPRK of arms and related materiel of all types, or
dual-use goods.
Prohibition to admit to the territory of EU Member
States persons working on behalf of or at the direction of listed persons and
entities, or persons assisting in the evasion of sanctions.
Humanitarian exemptions and certain other exemptions
apply.
Restrictions on residence
Obligation to expulse DPRK nationals from the
territory of EU Member States if a Member State determines that they work for a
listed person or entity or help evade sanctions.
Freezing of funds and economic resources
Obligations to freeze all funds and economic resources
belonging to the same persons as referred to under “restrictions on admission”
and on entities involved in the activities mentioned above for “restrictions on
admission”. It is also prohibited to make funds or economic resources available
to these persons and entities. Likewise, it is prohibited to take part in
activities aimed at the circumvention of those measures.
A number of standard exemptions apply, inter alia in
relation to funds and economic resources necessary to satisfy basic needs and
for the payment of legal services.
Other restrictive measures
Specialised teaching or training
Obligation for Member States to prevent specialised
teaching or training of DPRK nationals in disciplines that could contribute to
DPRK's proliferation sensitive nuclear activities and the development of
nuclear weapon delivery systems.
DPRK diplomats
Obligation for Member States to exercise enhanced
vigilance over DPRK diplomats in the EU so as to prevent them from contributing
to DPRK's nuclear and ballistic missile programmes or other prohibited
activities.
FOR FURTHER DETAILS:
Maja Kocijancic: +32 (0)498 984 425 - +32 (0)2 298 65
70 -Maja.Kocijancic@ec.europa.eu - @MajaEUspox
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