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Date: 31-May-2024 Category: Not Applicable State: Union Government Country: Europe

Council Decision (CFSP) 2024/1603 of 31 May 2024 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People’s Republic of Korea

Issued by Council of the European Union · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • Council Decision (CFSP) 2024/1603 amends Decision (CFSP) 2016/849, imposing further restrictive measures against the Democratic People’s Republic of Korea (DPRK).
  • The decision adds six individuals and three entities to the lists of those subject to restrictive measures, as outlined in Annexes II and III of Decision (CFSP) 2016/849.
  • These measures are in response to the DPRK's continued ballistic missile-related activities, violations of UN Security Council Resolutions (UNSCRs), and military support for Russia's war of aggression against Ukraine.

Key Changes

  • Six individuals have been added to Annex II (Persons and entities responsible for the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes): Song Rim Naya, Kim Chol Sok, Rim Yong Hyok and Kim Kyong Nam.
  • One entity has been added to Annex II (Entities responsible for the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes): Hapjanggang Trading Corporation.
  • One entity has been added to Annex II (Persons and entities providing financial services or the transfer of assets or resources that could contribute to the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes): Korea Namgang Trading Corporation (NTC).
  • Two individuals have been added to Annex III (Persons): An Se-Ho and Oleg Nikolaevich Kozhemyako.
  • One entity has been added to Annex III (Entities): Eastern Stevedoring Company.

Impact Analysis

Stakeholders

  • Businesses: Businesses operating in or with ties to the DPRK, Russia, or related sectors may face increased scrutiny and potential disruptions to their operations.

Suggested Action Items

  • Communicate the changes to relevant personnel and stakeholders.

Key Entities Referenced

Council Decision (CFSP) 2016/849: The original Council Decision concerning restrictive measures against the Democratic People’s Republic of Korea, which is being amended by this decision. United Nations Security Council Resolutions (UNSCRs): Resolutions passed by the UN Security Council imposing sanctions and restrictions on the DPRK due to its nuclear and ballistic missile programs. Democratic People’s Republic of Korea (DPRK): The target of the restrictive measures due to its continued development of weapons of mass destruction and violation of UNSCRs. Russia: A country receiving military support from the DPRK, leading to sanctions on individuals and entities involved in facilitating that support. High Representative of the Union for Foreign Affairs and Security Policy: The official responsible for proposing the decision to amend Decision (CFSP) 2016/849. Hapjanggang Trading Corporation: An entity subordinate to the Ministry of Rocket Industry of the DPRK, involved in the development of nuclear and missile technology. Korea Namgang Trading Corporation (NTC): A corporation responsible for the expatriation of workers from the DPRK to generate revenue for the DPRK government. Eastern Stevedoring Company: A company operating the terminals at the main container port of the Russian Far-East in Vostochny Port, involved in arms transfers from the DPRK to the Russian Federation. Foreign Trade Bank (FTB): The DPRK’s primary foreign exchange bank.
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Official Journal EN of the European Union L series 2024/1603 31.5.2024 COUNCIL DECISION (CFSP) 2024/1603 of 31 May 2024 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People’s Republic of Korea THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 29 thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: (1) On 27 May 2016, the Council adopted Decision (CFSP) 2016/849 (1). (2) In its conclusions of 17 July 2017, the Council stated that the Union would consider further appropriate responses to actions by the Democratic People’s Republic of Korea (the ‘DPRK’) that undermine the global non-proliferation and disarmament regime, notably through additional autonomous restrictive measures. (3) On 22 December 2017, in United Nations Security Council Resolution (‘UNSCR’) 2397 (2017), the United Nations Security Council (‘UNSC’) reaffirmed that the DPRK shall not conduct any further launches that use ballistic missile technology, nuclear tests, or any other provocation; shall immediately suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on all missile launches; shall immediately abandon all nuclear weapons and existing nuclear programmes in a complete, verifiable and irreversible manner, and immediately cease all related activities; and shall abandon any other existing weapons of mass destruction and ballistic missile programmes in a complete, verifiable and irreversible manner. (4) On 19 December 2023, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) issued a declaration on behalf of the Union strongly condemning the launch, on 18 December 2023, by the DPRK of an inter-continental ballistic missile for the fifth time in 2023, following the launch of a short-range ballistic missile the day before, which blatantly violated UNSCRs. That declaration underlined that the DPRK must comply immediately with its obligations under UNSCRs by abandoning all its nuclear weapons, other weapons of mass destruction, ballistic missile programmes and existing nuclear programmes, in a complete, verifiable and irreversible manner and cease all related activities. It reiterated that the DPRK cannot and will never have the status of a nuclear weapon state in accordance with the Non-Proliferation Treaty (NPT). The High Representative urged the DPRK and Russia to refrain from any exchanges of military equipment, missile technology or ammunition and abide by the successive UNSCRs that clearly prohibit any arms exports or imports involving the DPRK and condemned any military support for Russia’s war of aggression against Ukraine provided by the DPRK, reiterating the deep concern about reports of DPRK arms transfers to Russia. (5) From 1 January 2024 until 15 May 2024, the DPRK launched at least 12 ballistic missiles, with each of those launches again constituting a clear violation of UNSCRs. (6) Statements by the Spokesperson of the High Representative on 15 January 2024 and on 2 April 2024 condemned the DPRK’s ballistic missile launches and reiterated calls on the DPRK to cease all illegal actions that threaten regional and international peace and security, while urging the DPRK to engage in dialogue with relevant parties and to comply with its obligations under UNSCRs to abandon its nuclear weapons and ballistic missiles in a complete, verifiable, and irreversible manner. (7) In its conclusions of 15 December 2023, the European Council condemned the continued military support for Russia’s war of aggression provided by the DPRK, Belarus and Iran. (1) Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Decision 2013/183/CFSP (OJ L 141, 28.5.2016, p. 79). ELI: http://data.europa.eu/eli/dec/2024/1603/oj 1/7EN OJ L, 31.5.2024 (8) In its conclusions of 22 March 2024, the European Council called for preparing further sanctions against the DPRK, Belarus and Iran. (9) In view of the continued ballistic missile-related activities carried out by the DPRK, in violation of and with flagrant disregard for the relevant UNSCRs, as well as the military support given by the DPRK to Russia’s war of aggression against Ukraine, six individuals and three entities should be included in the lists of persons and entities subject to restrictive measures set out in Annexes II and III to Decision (CFSP) 2016/849. (10) Decision (CFSP) 2016/849 should therefore be amended accordingly, HAS ADOPTED THIS DECISION: Article 1 Annexes II and III to Decision (CFSP) 2016/849 are amended as set out in the Annex to this Decision. Article 2 This Decision shall enter into force on the date of its publication in the Official Journal of the European Union. Done at Brussels, 31 May 2024. For the Council The President H. LAHBIB 2/7 ELI: http://data.europa.eu/eli/dec/2024/1603/ojANNEX Decision (CFSP) 2016/849 is amended as follows: (1) Annex II is amended as follows: (a) under the heading ‘I. Persons and entities responsible for the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them’, under the subheading ‘A. Persons’, the following entries are added: Name Alias Identifying information Date of designation Statement of Reasons ‘37. SONG Rim Naya Liu DOB: 25.2.1991 31.5.2024 The UN Panel of Experts reports that Song Rim is a worker for the “Biryugang Overseas Technology Cooperation 송림 Nationality: DPRK Company” (“Head of IT Development Department”), which Gender: male is directly linked to the “Hapjanggang Trading Corporation”, which is subordinate to the Ministry of Rocket Industry of the Democratic People’s Republic of Korea. A DPRK IT worker, Song Rim was identified in an apparent promotional video for a voice phishing hacking application, as highlighted by the Panel of Experts in its 2022 midterm report. The individual is therefore directly involved in providing support for the DPRK’s illicit programmes. 38. KIM Chol Sok Sok Kha; Lee Un-Kang; Chang DOB: 1.1.1970 31.5.2024 The UN Panel of Experts reports that an intelligence officer Sok-kha; Kang Hyok; Li of the Reconnaissance General Bureau of the DPRK, named Nationality: DPRK Yun-chiang; Steven Lee Kim Chol Sok, operated hotels, casinos, restaurants and bars Gender: male in Cambodia as of mid-2020 and worked to expand his business activities in tourism as well as in other business Passport: D0004492 sectors, such as the mining of precious metals. Through his (Cambodian diplomatic illicit activity in Cambodia, he is generating foreign currency passport, currently invalid) whilst working for the Reconnaissance General Bureau. The Reconnaissance General Bureau of the DPRK is under UN sanctions since UNSCR 2270 (2016) of 2 March 2016. Kim Chol Sok is directly involved in violating UNSC resolutions and providing funds for the DPRK’s illicit programmes. ELI: http://data.europa.eu/eli/dec/2024/1603/oj 3/7 OJ L, 31.5.2024 ENName Alias Identifying information Date of designation Statement of Reasons 39. RIM Yong Hyok Abu Rim DOB: 4.3.1972 31.5.2024 Rim Yong Hyok is the Deputy Representative for the UN-sanctioned Korea Mining Development Trading POB: DPRK Corporation (KOMID) in Syria, which is the primary arms Nationality: DPRK dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons from the DPRK. Gender: male According to the United Nations Security Council Report on the Korea Mining and Development Trading Company Deputy Representative for the (KOMID) and its subsidiary proxy cells, DPRK state-owned Korea Mining Development enterprises have been known to play a major role in the Trading Corporation (KOMID) DPRK’s arms sales in global conflicts. Rim Yong Hyok has in Syria been promoting and supplying DPRK-made weapons and ammunition in Syria, including to Russian nationals, prompting his designation under US sanctions. He is directly involved in the DPRK’s illicit programmes.’; (b) under the heading ‘I. Persons and entities responsible for the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them’, under the subheading ‘B. Entities’, the following entry is added: Name Alias Location Date of designation Other information ‘7. Hapjanggang Trading 31.5.2024 The UN Panel of Experts reports that the “Hapjanggang Corporation Trading Corporation” is a subordinate to the Ministry of Rocket Industry of the DPRK. The Ministry of Rocket 합장강무역회사 Industry is an agency of the Munitions Industry Department, which is responsible for the development of nuclear and missile technology. As such, the entity is directly involved in the DPRK’s illicit programmes.’; 4/7 ELI: http://data.europa.eu/eli/dec/2024/1603/oj EN OJ L, 31.5.2024(c) under the heading ‘II. Persons and entities providing financial services or the transfer of assets or resources that could contribute to the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes’, under the subheading ‘A. Persons’, the following entry is added: Name Alias Identifying information Date of designation Statement of Reasons ‘7. KIM Kyong Nam DOB: 11.07.1976 31.5.2024 The UN Panel of Experts has received information from multiple UN Member States on Kim Kyong Nam being 김경남 Nationality: DPRK a representative of the Foreign Trade Bank (FTB), the DPRK’s Gender: male primary foreign exchange bank. FTB was sanctioned by the Security Council Committee established pursuant to Foreign Trade Bank of the UNSCR 1718 (2006) on 26 July 2022. In his position, Kim Democratic People’s Republic Kyong Nam is directly involved in providing support for the of Korea Representative in DPRK’s illicit programmes.’; Khabarovsk, Russian Federation (d) under the heading ‘II. Persons and entities providing financial services or the transfer of assets or resources that could contribute to the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes’, under the subheading ‘B. Entities’, the following entry is added: Name Alias Location Date of designation Other information ‘1. Korea Namgang Trading Korea Namgang Trading Pyongyang, DPRK 31.5.2024 The Korea Namgang Trading Corporation is responsible for Corporation (NTC) Company the expatriation of workers from the DPRK including expatriation to generate revenue for the DPRK government 조선남강무역회사 or the Workers’ Party of Korea. The Namgang Trading Corporation is involved in the logistics cycle of expatriating workers and handles DPRK personnel’s visas, passports and departures for overseas employment. Its personnel then remit funds back to the DPRK, some of which are routed directly back to the DPRK government. The DPRK’s continued expatriation of DPRK nationals as illicit labourers is part of an ongoing effort to undermine and evade UNSCR 2375 (2017) and UNSCR 2397(2017).’; ELI: http://data.europa.eu/eli/dec/2024/1603/oj 5/7 OJ L, 31.5.2024 EN(2) Annex III is amended as follows: (a) under the heading ‘A. Persons’, the following entries are added: Name Identifying information Date of designation Reasons ‘32. AN Se-Ho DOB: 15.6.1976 31.5.2024 An Se-Ho is a DPRK diplomat who was formerly the First Secretary at the Embassy of the DPRK in Conakry (Guinea). 안세호 Passport: 572110043 The embassy closed in December 2023. He was the main Nationality: DPRK coordinator for the construction of an ammunition factory in Mali. In 2022, he met the Malian Minister of Territorial Gender: male Administration and Decentralisation, Abdoulaye Maïga. In November 2022, he also met senior officials of the Malian Intermediary for the construction project of an junta to discuss the construction of the factory in ammunition factory in Mali Dialakorobougou, near Bamako. 33. Oleg Nikolaevich KOZHEMYAKO DOB: 17.3.1962 31.5.2024 In his capacity as governor of the Primorsky Krai region of the Russian Federation, Oleg Nikolaevich Kozhemyako Олег Николаевич КОЖЕМЯКО POB: Chernigovka, (Russian: Черниговка), played an instrumental role in the September 2023 official Russian Federation visit of Kim Jong Un to the Russian Federation. During that Passport: 572110043 visit, Mr. Kozhemyako presented weaponry and uniforms to Kim Jong Un as gifts for him to take back to the DPRK, in Nationality: Russian violation of UN Security Council resolutions. Such material will then be used by the DPRK armed forces and Gender: male reengineered, constituting an indirect transfer of technology Governor, Primorsky Krai, Russian Federation to the DPRK. He is thus assisting in the evasion of UN sanctions.’; 6/7 ELI: http://data.europa.eu/eli/dec/2024/1603/oj EN OJ L, 31.5.2024(b) under the heading ‘B. Entities’, the following entry is added: Name (and possible aliases) Identifying information Date of designation Reasons ‘10. Eastern Stevedoring Company (a.k.a. Address: 14a, ul. Vnutriportovaya. Vrangel-1 31.5.2024 The Eastern Stevedoring Company, also known as the Vostochnaya Stevedoring Company LLC) 692941 Nakhodka, Russian Federation Vostochnaya Stevedoring Company, operates the terminals at the main container port of the Russian Far-East in OOO “Восточная Стивидорная Компания” Vostochny Port. It is through this port in the Russian Federation that thousands of containers of DPRK weapons and ammunition have been transferred to the Russian armed forces before being transported to near the front line in Ukraine. As operator of Vostochny Port, the Eastern Stevedoring Company has been involved in arms transfers from the DPRK to the Russian Federation, in violation of UNSCR 1718 (2006) and UNSCR 1874 (2009).’. ELI: http://data.europa.eu/eli/dec/2024/1603/oj 7/7 OJ L, 31.5.2024 EN

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