Government of Jersey

Information about the publication of Ministerial Decisions

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demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
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A decision made (02/10/2009) regarding: Community Provisions (Restrictive Measures – North Korea) (Amendment No.2) (Jersey) Order 2009.

Decision Reference:
Decision Summary Title :	Sanctions - North Korea Update 2009.09.30		Date of Decision Summary:	30 September 2009 Int. 25/34
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Draft Order		Person Giving Oral Report:	International Relations
Written Report Title :	Community Provisions (Restrictive Measures – North Korea) (Amendment No.2) (Jersey) Order 2009		Date of Written Report:	29 September 2009
Written Report Author:	Law Draftsman		Written Report : Public or Exempt?	Public
Subject:
Decision(s): The Chief Minister, in pursuance of Article 2 of the European Communities Legislation (Implementation) (Jersey) Law 1996 and having regard to Council Regulation (EC) no. 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea, as amended to 31st July 2009, has decided to make the Community Provisions (Restrictive Measures – North Korea) (Amendment No.2) (Jersey) Order 2009.
Reason(s) for Decision: The Community Provisions (Restrictive Measures – North Korea) (Jersey) Order 2007 was introduced to implement restrictive measures in Jersey equivalent to those of the international community, in particular Council Regulation (EC) No.329/2007 of 27 March 2007. Subsequently, the EC has made changes to the original measures which are reflected in this new Order. The Order amends the list of prohibited goods in relation to of Articles 2 and 3, and the listed individuals and entities referred to in Article 5, of the Community Provisions (Restrictive Measures – North Korea) (Jersey) Order 2007.
Resource Implications: There are no manpower or revenue implications arising.
Action required: The Chief Minister should sign and seal the attached Community Provisions (Restrictive Measures – North Korea) (Amendment No.2) (Jersey) Order 200-. The Chief Minister’s Department shall – (1) inform the Assistant Greffier of the States and the States Greffe Publications Editor immediately the Order is made. (2) deliver the signed and sealed order to the Publications Editor.
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Community Provisions (Restrictive Measures – North Korea) (Amendment No.2) (Jersey) Order 2009.

Community Provisions (Restrictive Measures – North Korea) (Amendment No. 2) (Jersey) Order 2009

Made

Coming into force

THE CHIEF MINISTER, in pursuance of Article 2 of the European Communities Legislation (Implementation) (Jersey) Law 1996 and having regard to Council Regulation (EC) No. 329/2007 of 27 March 2007 concerning restrictive measures against the Democratic People’s Republic of Korea, as amended up to 31st July 2009, orders as follows –

1 Interpretation

In this Order “principal Order” means the Community Provisions (Restrictive Measures – North Korea) (Jersey) Order 2007.

2 Article 1 amended

In Article 1(1) of the principal Order for the definition “Council Regulation” there shall be substituted the following definition –

“ ‘Council Regulation’ means Council Regulation (EC) No. 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea (OJ No. L88/1, 29.3.2007) as amended by –

(a) Commission Regulation (EC) No. 117/2008 (OJ No. L.35/57, 9.2.2008);

(b) Commission Regulation (EC) No. 389/2009 (OJ No. L.118/78, 13.5.2009);

3 Annex 1 amended

In Annex 1 to the principal Order, at the end of section I.1A there shall be added the following entries –

4 Annex 4 substituted

For Annex 4 to the principal Order substitute the following Annex –

“ANNEX 4

lIST OF PERSONS, ENTITIES AND BODIES REFERRED TO IN aRTICLE 5

A. Natural persons

(1) Han Yu-ro. Function: Director of Korea Ryongaksan General Trading Corporation. Other information: involved in Democratic People’s Republic of Korea’s ballistic missile programme.

(2) Hwang Sok-hwa. Function: Director of the General Bureau of Atomic Energy (GBAE). Other information: involved in Democratic People’s Republic of Korea’s nuclear programme as Chief of the Scientific Guidance Bureau in the GBAE, served on the Science Committee inside the Joint Institute for Nuclear Research.

(3) Ri Hong-sop. Year of birth: 1940. Function: Former director, Yongbyon Nuclear Research Centre. Other information: oversaw three core facilities that assist in the production of weapons-grade plutonium: the Fuel Fabrication Facility, the Nuclear Reactor, and the Reprocessing Plant.

(4) Ri Je-son (alias Ri Che-son). Year of birth: 1938. Function: Director of the General Bureau of Atomic Energy (GBAE), chief agency directing Democratic People’s Republic of Korea’s nuclear programme. Other information: facilitates several nuclear endeavours including GBAE’s management of Yongbyon Nuclear Research Centre and Namchongang Trading Corporation.

(5) Yun Ho-jin (alias Yun Ho-chin). Date of birth: 13.10.1944. Function: Director of Namchongang Trading Corporation. Other information: oversees the import of items needed for the uranium enrichment programme.

B. Legal persons, entities and bodies

(1) Korea Mining Development Trading Corporation (also known as (a.k.a.) (a) CHANGGWANG SINYONG CORPORATION; (b). EXTERNAL TECHNOLOGY GENERAL CORPORATION; (c) DPRKN MINING DEVELOPMENT TRADING COOPERATION; (d) ‘KOMID’). Address: Central District, Pyongyang, DPRK. Other information: Primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.

(2) Korea Ryonbong General Corporation (a.k.a. (a) KOREA YONBONG GENERAL CORPORATION; (b) LYONGAKSAN GENERAL TRADING CORPORATION). Address: Pot’onggang District, Pyongyang, DPRK; Rakwondong, Pothonggang District, Pyongyang, DPRK. Other information: Defence conglomerate specializing in acquisition for DPRK defense industries and support to that country’s military-related sales.

(3) Tanchon Commercial Bank (a.k.a. (a) CHANGGWANG CREDIT BANK; (b) KOREA CHANGGWANG CREDIT BANK). Address: Saemul 1-Dong Pyongchon District, Pyongyang, DPRK. Other information: Main DPRK financial entity for sales of conventional arms, ballistic missiles, and goods related to the assembly and manufacture of such weapons.

(4) General Bureau of Atomic Energy (GBAE) (alias General Department of Atomic Energy (GDAE)) Address: Haeudong, Pyongchen District, Pyongyang, Democratic People’s Republic of Korea. Other information: the GBAE is responsible for the Democratic People’s Republic of Korea’s nuclear programme, which includes the Yongbyon Nuclear Research Centre and its 5 MWe (25 MWt) plutonium production research reactor, as well as its fuel fabrication and reprocessing facilities. The GBAE has held nuclear-related meetings and discussions with the International Atomic Energy Agency. GBAE is the primary Democratic People’s Republic of Korea Government agency that oversees nuclear programmes, including the operation of the Yongbyon Nuclear Research Centre.

(5) Hong Kong Electronics (alias Hong Kong Electronics Kish Co.). Address: Sanaee St., Kish Island, Iran. Other information: (a) owned or controlled by, or acts or purports to act for or on behalf of Tanchon Commercial Bank and KOMID: (b) Hong Kong Electronics has transferred millions of dollars of proliferation-related funds on behalf of Tanchon Commercial Bank and KOMID (both designated by the UN Sanctions Committee in April 2009) since 2007. Hong Kong Electronics has facilitated the movement of money from Iran to the Democratic People’s Republic of Korea on behalf of KOMID.

(6) Korea Hyoksin Trading Corporation (alias Korea Hyoksin Export And Import Corporation). Address: Rakwon-dong, Pothonggang District, Pyongyang, Democratic People’s Republic of Korea. Other information: (a) located in Pyongyang, Democratic People’s Republic of Korea; (b) a Democratic People’s Republic of Korea company that is subordinate to Korea Ryonbong General Corporation (designated by the UN Sanctions Committee in April 2009) and is involved in the development of weapons of mass destruction.

(7) Korean Tangun Trading Corporation. Other information: (a) located in Pyongyang, Democratic People’s Republic of Korea; (b) Korea Tangun Trading Corporation is subordinate to Democratic People’s Republic of Korea’s Second Academy of Natural Sciences and is primarily responsible for the procurement of commodities and technologies to support Democratic People’s Republic of Korea’s defence research and development programmes, including, but not limited to, weapons of mass destruction and delivery system programmes and procurement, including materials that are controlled or prohibited under relevant multilateral control regimes.

(8) Namchongang Trading Corporation (alias (a) NCG, (b) Namchongang Trading, (c) Nam Chon Gang Corporation, (d) Nomchongang Trading Co., (e) Nam Chong Gan Trading Corporation). Other information: (a) located in Pyongyang, Democratic People’s Republic of Korea; (b) Namchongang is a Democratic People’s Republic of Korea trading company subordinate to the General Bureau of Atomic Energy (GBAE). Namchongang has been involved in the procurement of Japanese-origin vacuum pumps that were identified at a Democratic People’s Republic of Korea nuclear facility, as well as nuclear-related procurement associated with a German individual. It has further been involved in the purchase of aluminium tubes and other equipment specifically suitable for a uranium enrichment programme from the late 1990s. Its representative is a former diplomat who served as Democratic People’s Republic of Korea’s representative for the International Atomic Energy Agency (IAEA) inspection of the Yongbyon nuclear facilities in 2007. Namchongang’s proliferation activities are of grave concern given the Democratic People’s Republic of Korea’s past proliferation activities.”.

5 Citation and commencement

This Order may be cited as the Community Provisions (Restrictive Measures – North Korea) (Amendment No. 2) (Jersey) Order 2009 and shall come into force 7 days after it is made.

Signed....................................................................

Date........................................................................

Chief Minister