Restrictions on the export or provision of services

This page summarises Australia’s current 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, for the benefit of the DPRK, of:
  • technical training, advice, services or assistance if it assists with the manufacture, maintenance or use of:
  • technical training, advice, services or assistance if it could contribute to the proliferation of sensitive nuclear activities or the development of nuclear weapon delivery systems in the DPRK;
  • the transportation of goods that are the subject of a supply of ‘export sanctioned goods’, 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 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;
  • 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 United Nations Security Council Resolution regarding the DPRK;
  • the provision of public or private financial support for the purposes of trade with the DPRK, that could contribute to:
    • the nuclear or ballistic missile programs, or other weapons of mass destruction programs, of the DPRK; or
    • another activity prohibited by a United Nations Security Council Resolution regarding the DPRK; and
    • an investment service if it assists with, or is provided in relation to, a sanctioned commercial activity,

without a sanctions permit.

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; or
  • the crewing of a ship or aircraft, used to provide a service in, to or from the DPRK, with Australian citizens or permanent residents.

The Minister may only grant a permit if:

  • the Committee has been notified of the proposed service in advance; and
  • the notification is accompanied by the following information:
    • information demonstrating that the proposed service is being provided in connection with activities exclusively for the livelihood of the DPRK and not in connection with activities by a person or entity in the DPRK to generate revenue; and
    • information of measures taken to prevent activities to which the proposed service relates from contributing to violations of any United Nations Security Council Resolution regarding the DPRK.

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

Implementing legislation

 

Last Updated: 30 November 2016