Restrictions regarding vessels

This page summarises Australia’s current restrictions regarding DPRK vessels.

UNSC sanctions regime

Australian law prohibits all of the following actions:

  • registering a vessel in the DPRK;
  • obtaining an authority that entitles a vessel to fly the flag of the DPRK;
  • providing a classification or certification service, or related service, in respect of a vessel for the purpose of it becoming, or maintaining its registration as, a ‘DPRK vessel’;
  • leasing or operating a ‘DPRK vessel’; and
  • insuring a ‘DPRK vessel’

unless the action is authorized by a permit or if the Committee is notified in advance of the following:

  • the activities in which the vessel will be involved;
  • the names of individuals and entities involved in such activities;
  • information demonstration that:
    • such activities are exclusively for the livelihood of the DPRK; and
    • the vessel is not being used by a person or entity in the DPRK to generate revenue; and
    • measures are being taken to prevent such activities from contributing to violations of United Nations Security Council Resolution regarding the DPRK.

Australian law also prohibits the ownership of a DPRK vessel without a permit.

Australian law also prohibits the provision of bunkering services to a DPRK vessel without a permit.

The Minister for Foreign Affairs must, by written notice, direct a vessel not to enter a port or place in Australia if the Minister has reasonable grounds to believe that:

  • the vessel is owned or controlled, directly or indirectly, by a designated individual or entity designated by the Minister for Foreign Affairs under Regulation 4A(b); or
  • the vessel contains cargo and the supply, sale, transfer or export of that cargo is prohibited by any United Nations Security Council Resolution regarding the DPRK.

The Minister must have regard to Australia’s obligations at international law before giving such a direction.

The Minister must not give such a direction if:

  • the vessel needs to enter a port or place in Australia because of an emergency or for inspection; or
  • the vessel needs to enter a port or place in Australia for humanitarian purposes or for a purpose consistent with the objectives of UN Security Council Resolution 2270 and the vessel’s entry has been approved by the Committee in advance.

A person in command or charge of a vessel in respect of which such a direction has been made commits an offence if the vessel enters a port of place in Australia. This does not apply if the person is the vessel’s pilot.

‘DPRK vessel’ means a vessel registered in the DPRK or owned or controlled by the DPRK.

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).

Restricted activities (except bunkering services)

The Minister for Foreign Affairs may grant a permit authorising any of the following:

  • ownership of a DPRK vessel;
  • registration of a vessel in the DPRK;
  • obtaining of an authority that entitles a vessel to fly the flag of the DPRK;
  • provision of a classification or certification service, or related service, in respect of a vessel for the purpose of it becoming, or maintaining its registration as, a ‘DPRK vessel’;
  • the lease or operation of a DPRK vessel; or
  • the insuring of a DPRK vessel.

Bunkering services

The Minister for Foreign Affairs may grant a sanctions permit authorising the provision of a bunkering service to a DPRK vessel. The Minister must not grant a permit if the Minister has reasonable grounds for believing that the vessel is carrying ‘export sanctioned goods’, unless the provision of the bunkering service:

  • is for humanitarian purposes; or
  • is necessary to facilitate the inspection, seizure or disposal of the ‘export sanctioned goods’.

Implementing legislation

Regulations 4, 11A, 11D, 11E, 11F, 14F and 14H of the Charter of the United Nations (Sanctions — Democratic People’s Republic of Korea) Regulations 2008

Australian autonomous sanctions regime

The Minister for Foreign Affairs may direct a DPRK sanctioned vessel to:

  • leave Australia, including by a particular route; or
  • not enter a particular port or place, or any port or place, in Australia.

The Minister for Foreign Affairs must have regard to Australia’s obligations at international law before giving such a direction.

A person commits an offence if a direction has been given to a sanctioned vessel and the person engages in conduct that causes the sanctioned vessel to contravene the direction.

The Minister for Foreign Affairs has designated 18 vessels as DPRK sanctioned vessels for their association with DPRK’s WMD and missiles programs.

Implementing legislation

Regulations 8, 9, 10, 11 and 16 of the Autonomous Sanctions Regulations 2011

De-listing requests in respect of a sanctioned vessel

Australian autonomous sanctions regime

The owner, or person in control, of a sanctioned vessel for the purposes of the Australian autonomous sanctions regime in relation to the DPRK may submit a de-listing request to the Minister for Foreign Affairs under regulation 11 of Autonomous Sanctions Regulations 2011.

 


Last Updated: 3 February 2017