This page summarises Australia's restrictions on the export or supply of goods to the DPRK, including new measures and provisions that came into effect on 5 August 2017.
UNSC sanctions regime
1. Australian law prohibits the direct or indirect supply, sale or transfer to the DPRK of the following 'export sanctioned goods':
without a sanctions permit.
2. A person does not make a 'sanctioned supply' of aviation fuel merely because the person supplies, sells or transfers an amount of aviation fuel for:
- a flight of a civil passenger aircraft flagged or registered in the DPRK, so long as the amount does not exceed the amount necessary for that flight (including a standard margin for safety); or
- a flight to the DPRK of a civil passenger aircraft not flagged or registered in the DPRK, so long as the amount does not exceed the amount necessary for that flight and the subsequent flight out of the DPRK (including a standard margin for safety).
3. Australian law also prohibits the transfer to a person of any financial or other assets or resources (including bulk cash), or gold (including through gold couriers) which could contribute to:
- the nuclear or ballistic missile programs, or other weapons of mass destruction programs, of the DPRK, or
- activities prohibited, or the evasion of measures imposed, by any United Nations Security Council Resolution regarding the DPRK.
4. Australian law also prohibits the export to the DPRK of any item that is not an 'export sanctioned good', food or medicine if the export is not authorised by a permit.
Conditions for the grant of a sanctions permit
If you assess that your activity satisfies the applicable conditions set out below, you may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).
With three exceptions, the Minister for Foreign Affairs cannot grant a sanctions permit authorising the supply, sale or transfer of 'export sanctioned goods' to the DPRK.
The Minister may grant a permit authorising the supply, sale or transfer of a new helicopter or new vessel (that is not arms or related materiel) if the Committee has approved its supply.
The Minister may grant a permit authorising the supply, sale or transfer of aviation fuel if:
- the aviation fuel is to address essential humanitarian needs, and
- the United Nations Security Council Committee established pursuant to Resolution 1718 (2006) ("Committee") has approved its supply.
With respect to the exports set out in paragraph 4 above, the Minister may grant a permit authorising the export of an item if the Minister is satisfied that the item is not an item that could directly contribute to the development of the operational capabilities of:
- the armed forces of the DPRK, or
- the armed forces of a Member State outside the DPRK.
If the Minister is not satisfied of the above in respect of the item, the Minister may grant a permit for the export of the item if:
- the Committee has been notified of the proposed export and has determined that it would not be contrary to the objectives of any United Nations Security Council Resolution regarding the DPRK, or
- all of the following are satisfied:
- the item is being exported for humanitarian purposes or exclusively for the livelihood of the DPRK
- the item will not be used by a person or entity in the DPRK to generate revenue
- the item does not relate to any activity prohibited by a United Nations Security Council Resolution regarding the DPRK
- the Committee has been notified of the proposed export in advance, and
- the Committee has been informed of measures taken to prevent the diversion of the item for such other purposes.