Restrictions on the export or provision of services

This page summarises Australia's restrictions on the export or provision of services to the DPRK.

UNSC sanctions regime

  1. Australian law prohibits the provision of any of the following 'sanctioned services':
    • technical training, advice, services or assistance if it assists with, or is provided in relation to, a supply of goods mentioned in paragraphs 5(1)(a), (c), (d) or (e) of the Charter of the United Nations (Sanctions — Democratic People's Republic of Korea) Regulations 2008 for the benefit of the Democratic People's Republic of Korea
    • technical training, advice, services or assistance if it assists with the manufacture, maintenance or use of goods mentioned in paragraphs 5(1)(a), (c), (d) or (e) of the Charter of the United Nations (Sanctions — Democratic People's Republic of Korea) Regulations 2008, or it could contribute to proliferation sensitive nuclear activities or the development of nuclear weapon delivery systems in the Democratic People's Republic of Korea
    • the transportation of goods that are the subject of a 'sanctioned supply', or that are 'import sanctioned goods' in the course of being procured from the DPRK or from a person or entity in the DPRK
    • a financial transaction related to the supply, manufacture, maintenance or use of arms or related matériel
    • the leasing or chartering of an Australian ship or Australian aircraft, or the provision of vessel or aircraft crewing services, to:
      • the DPRK or to a person who is a resident or national of the DPRK
      • a designated person or entity
      • a person or entity determined by the Minister, by legislative instrument, to have assisted in the evasion of sanctions or in a violating UNSC resolution regarding the DPRK
      • any other person acting on behalf, or at the direction, of one of those persons or entities, or
      • any other entities owned or controlled by a person or entity listed in the first three open dot points above
    • brokering or other intermediary services, including when arranging for the provision, maintenance or use of 'export sanctioned goods'
    • financial services that could contribute to:
      • the nuclear or ballistic missile programs, or other weapons of mass destruction programs, of the DPRK, or
      • another activity prohibited, or the evasion of measures imposed, by a UNSC resolution regarding the DPRK
    • the provision of public or private financial support for the purposes of trade with the DPRK,
    • the provision of vessel or aircraft crewing services from the Democratic People's Republic of Korea, and
    • an investment service if it assists with, or is provided in relation to, a sanctioned commercial activity.

    Regulation 8(2) of the Charter of the United Nations (Sanctions — Democratic People's Republic of Korea) Regulations 2008 defines the terms 'brokering services', 'financial services', and 'insurance' for the purposes of restrictions on the export or provision of services under the UNSC sanctions regime.

    The only 'sanctioned services' for which it may be possible to obtain a permit are:

    • leasing or chartering of an Australian ship or Australian aircraft, and
    • the crewing of a ship or aircraft with Australian citizens or permanent residents.

    For more information, see Conditions for the grant of a sanctions permit below.

  2. Australian law also prohibits the provision of certain services in relation to DPRK vessels without a sanctions permit. For a summary of the prohibited services and the conditions for the grant of a permit, see Restrictions regarding vessels.

Conditions for the grant of a sanctions permit

The Minister may grant a permit authorising the provision of either of the following 'sanctioned services':

  • the leasing or chartering of an Australian ship or Australian aircraft to:
    • the DPRK or to a person who is a resident or national of the DPRK
    • a designated person or entity, or
    • any other person acting on behalf, or at the direction of one of those persons or entities
  • the crewing of a ship or aircraft, used to provide a service in, to or from the DPRK, with Australian citizens or permanent residents, or
  • the provision of public or private financial support for the purposes of trade with the DPRK.

The Minister may only grant a permit if the Committee has approved the proposed service in advance.

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

Australian autonomous sanctions regime

Australia’s autonomous sanctions law also prohibits the provision of the following services:

  • the provision of any service to the DPRK's national airline, Air Koryo;
  • the provision to any person or entity of any service that assists with, or is provided in relation to, an extractive or related industry in the DRPK;
  • the provision to any person or entity of any service that assists with, or is provided in relation to, the creation, construction, installation, development, maintenance or decommissioning of infrastructure associated with an extractive or related industry in the DPRK; and
  • the provision to a DPRK person or entity, a person or entity acting on behalf of (or at the direction of) a DPRK person or entity, or an entity owned or controlled by a DPRK person or entity, of any service that assists with, or is provided in relation to, an extractive or related industry outside the DPRK.

"Extractive or related industry" is defined as an industry engaged in any of the following: (a) extracting raw materials from the earth; (b) exploring or prospecting for raw materials to be extracted from the earth; (c) refining or processing raw materials extracted from the earth.

"DPRK person or entity" is defined to mean any of the following: the government of the DPRK; the Workers' Party of Korea; the Korean People's Army; a public body, corporation or agency of the DPRK; an entity formed or incorporated in the DPRK; an official of any of the aforementioned entities; or an individual who is in, or a resident of, the DPRK.

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.

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

Implementing legislation


Last Updated: 22 June 2018