HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 46/28
EN
Official Journal of the European Union
19.2.2013
COUNCIL DECISION 2013/88/CFSP
of 18 February 2013
amending Decision 2010/800/CFSP concerning restrictive measures against the Democratic People's
Republic of Korea
THE COUNCIL OF THE EUROPEAN UNION,
(7) Paragraph
8
of
UNSCR
2087
(2013)
clarifies
certain
methods for States to dispose of items seized consistent
with provisions of UNSCR 1718 (2006) and UNSCR
Having regard to the Treaty on European Union, and in
1874 (2009) and in accordance with paragraph 14 of
particular Article 29 thereof,
UNSCR 1874 (2009).
Having regard to Council Decision 2010/800/CFSP of
(8) Paragraph
12
of
UNSCR
2087
(2013)
also
calls
on
States
22 December 2010 concerning restrictive measures against
to exercise vigilance and restraint regarding the entry into
the Democratic People's Republic of Korea ( 1 ), and in particular
or transit through their territories of individuals working
Articles 10(1) and 12(3) thereof,
on behalf or at the direction of designated individuals or
entities.
Whereas:
(9) In
line
with
paragraph
13
of
UNSCR
2087
(2013),
it
is
(1) On
22
December
2010,
the
Council
adopted
Decision
necessary to establish that no claims in connection with
2010/800/CFSP.
the performance of any contract or transaction affected
by measures decided on pursuant to relevant UNSC
resolutions or measures of the Union or any Member
(2) On
10
December
2012,
the
Council
expressed
its
deep
State in accordance with relevant decision of the UNSC
concern about the intent of the Democratic People's
or covered by this Decision, may be granted to
Republic of Korea (the "DPRK") to launch a "working
designated persons or entities or any other person or
satellite", as such a launch makes use of ballistic missile
entity in the DPRK.
technology, representing another clear violation of the
DPRK's international obligations as set out in particular
under United Nations Security Council (UNSC)
(10) In
accordance
with
the
Council's
conclusions
on
the
Resolution (UNSCR) 1695 (2006), UNSCR 1718
DPRK of 10 December 2012, it is appropriate to adopt
(2006) and UNSCR 1874 (2009), and directly contra
additional restrictive measures.
vening the international community's unified call not
to conduct such launches.
(11) An
additional
criterion
for
autonomous
designation
by
the Union of persons and entities subject to restrictive
(3)
On 22 January 2013, the UNSC adopted UNSCR 2087
measures should be included in Decision
(2013), condemning the DPRK's launch of 12 December
2010/800/CFSP.
2012, which used ballistic missile technology and was in
violation of UNSCR 1718 (2006) and UNSCR 1874
(2009).
(12) The
sale,
supply
or
transfer
to
the
DPRK
of
certain
other
goods relevant to the DPRK's weapons of mass
destruction-related programmes, in particular its
(4) On
12
February
2013,
the
DPRK
carried
out
a
nuclear
test, in violation of its international obligations under
ballistic-missile sector, should be prohibited, especially
UNSCR 1718 (2006), UNSCR 1874 (2009) and
certain types of aluminium.
UNSCR 2087 (2013) and representing a serious threat
to regional and international peace and security.
(13) Furthermore, it should be clarified that where this
decision provides for a prohibition on financial
(5)
Paragraph 5(a) of UNSCR 2087 (2013) provides that
services, this includes the provision of insurance and
additional persons and entities are to be subject to
re-insurance services.
restrictive measures.
(14) Moreover,
the
sale,
purchase,
transportation
or
brokering
(6) In
addition,
paragraph
5(b)
of
UNSCR
2087
(2013)
of gold, precious metals and diamonds to, from or for
establishes that the prohibition to supply, sell or
the Government of the DPRK should be prohibited.
transfer certain items, materials, equipment, goods and
technology in accordance with paragraph 8(a)(ii) of
UNSCR 1718 (2006) is also to apply to the items
(15) In
addition,
the
delivery
of
newly
printed
or
minted
or
specified in paragraph 5(b) of UNSCR 2087 (2013).
unissued DPRK denominated banknotes and coinage to
or for the benefit of the Central Bank of the DPRK
( 1 ) OJ L 341, 23.12.2010, p. 32.
should be prohibited.

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EN
19.2.2013 Official
Journal
of
the
European
Union L
46/29
(16) The
sale
or
purchase
of
DPRK
public
or
public-guar
(b) in paragraph 1, the following point is added:
anteed bonds should be prohibited.
"(d) certain key components for the ballistic-missile
sector, such as certain types of aluminum used
(17) Moreover,
the
opening
of
new
branches,
subsidiaries,
or
in ballistic-missile related systems. The Union
representative offices of DPRK banks in the territories of
shall take the necessary measures in order to
Member States, and the establishment of new joint
determine the relevant items to be covered by
ventures, or the taking of an ownership interest by the
this provision.";
DPRK banks, including the Central Bank of DPRK, with
banks within the jurisdiction of Member States, should be
prohibited. Furthermore, Member States should take the
(c) in paragraph 2, point (b) is replaced by the following:
appropriate measures to prohibit financial institutions
within their territories or under their jurisdiction from
opening representatives offices or subsidiaries in the
"(b) provide financing or financial assistance related to
DPRK.
items and technology referred to in paragraph 1,
including, in particular, grants, loans and export
credit insurance, as well as insurance and
(18) Following
a
decision
by
the
UNSC
Committee
established
reinsurance, for any sale, supply, transfer or
pursuant to UNSCR 1718 (2006), six entities should be
export of these items and technology, or for the
removed from the lists set out in Annexes II and III to
provision of related technical training, advice,
Decision 2010/800/CFSP and should be added to the list
services, assistance, or brokering services, directly
set out in Annex I to that Decision. It is also necessary to
or indirectly to any person, entity or body in, or
amend the entries for those entities.
for use in, the DPRK;".
(2) The following articles are inserted:
(19) Furthermore, in accordance with Article 12(3) of
Decision 2010/800/CFSP, the Council has carried out a
complete review of the list of other persons and entities
"Article 1a
set out in Annexes II and III to that Decision and has
concluded that those persons and entities should
The direct or indirect sale, purchase, transportation or
continue to be subject to the appropriate restrictive
brokering of gold and precious metals, as well as of
measures provided for in that Decision.
diamonds, to, from or for the Government of the DPRK,
its public bodies, corporations and agencies, the Central
Bank of the DPRK, as well as to, from or for persons and
entities acting on their behalf or at their direction, or
(20) Decision
2010/800/CFSP
should
therefore
be
amended
entities owned or controlled by them shall be prohibited.
accordingly,
The Union shall take the necessary measures in order to
HAS ADOPTED THIS DECISION:
determine the relevant items to be covered by this
provision.
Article 1
Article 1b
Decision 2010/800/CFSP is hereby amended as follows:
The delivery of newly printed or minted or unissued DPRK
denominated banknotes and coinage to or for the benefit
of the Central Bank of the DPRK shall be prohibited."
(1) Article 1 is hereby amended as follows:
"Article 2a
(a) in paragraph 1, point (b) is replaced by the following:
The direct or indirect sale or purchase of, or brokering or
assistance in the issuance of DPRK public or public-guar
anteed bonds issued after the entry into force of this
Decision to and from the Government of the DPRK, its
"(b) all items, materials, equipment, goods and tech
public bodies, corporations and agencies, the Central Bank
nology as determined by the Security Council or
of the DPRK, or banks domiciled in the DPRK, or branches
the Committee established pursuant to paragraph
and subsidiaries within and outside the jurisdiction of
12 of UNSCR 1718 (2006) (the 'Sanctions
Member States of banks domiciled in the DPRK, or
Committee') in accordance with paragraph
financial entities that are neither domiciled in the DPRK
8(a)(ii) of UNSCR 1718 (2006) and paragraph
nor within the jurisdiction of the Member States, but are
5(b) of UNSCR 2087 (2013), which could
controlled by persons and entities domiciled in the DPRK
contribute to the DPRK's nuclear-related, ballistic
as well as any persons and entities acting on their behalf
missile-related or other weapons of mass
or at their direction, or entities owned or controlled by
destruction-related programmes;";
them, shall be prohibited.".

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L 46/30
EN
Official Journal of the European Union
19.2.2013
(3) Article 4 is hereby amended as follows:
Member States, and the establishment of new joint
ventures, or the taking of an ownership interest by the
(a) in paragraph 1, the following point is added:
DPRK banks, including the Central Bank of DPRK, its
branches and subsidiaries and other financial entities
referred to in Article 6, with banks in the jurisdiction of
"(d) the persons not covered by Annex I, II or III who
Member States, shall be prohibited.
are involved in, including through the provision
of financial services, the supply to or from the
DPRK of arms and related material of all types,
2. Financial institutions within the territories of
or of items, materials, equipment, goods and tech
Member States or under their jurisdiction shall be
nology which could contribute to the DPRK's
prohibited from opening representative offices or
nuclear-related, ballistic missile-related or other
subsidiaries in the DPRK.".
weapons of mass destruction-related programmes,
to the DPRK, as listed in Annex IIIA.";
(6) Article 7(5) is replaced by the following:
(b) paragraph 7 is replaced by the following:
"5. In
cases
where
inspection
referred
to
in
paragraphs
"7. Member
States
may
grant
exemptions
from
the
1 and 2 is undertaken, Member States shall seize and
measures imposed in paragraph 1(b), (c) and (d) where
dispose of items whose supply, sale, transfer or export is
travel is justified on the grounds of urgent humani
prohibited under this Decision in accordance with
tarian need, or on grounds of attending intergovern
paragraph 14 of UNSCR 1874 (2009) and paragraph 8
mental meetings, including those promoted by the
of UNSCR 2087 (2013).".
Union, or hosted by a Member State holding the
Chairmanship in office of the OSCE, where a
(7) The following article is inserted:
political dialogue is conducted that directly promotes
democracy, human rights and the rule of law in the
DPRK.";
"Article 8a
No claims, including for compensation or indemnification
(c) paragraph 9 is replaced by the following:
or any other claim of this kind, such as a claim of set-off,
fines or a claim under a guarantee, claims for extension or
"9. In
cases
where,
pursuant
to
paragraphs
4,
5
and
payment of a bond, financial guarantee, including claims
7, a Member State authorises the entry into, or transit
arising from letters of credit and similar instruments, in
through, its territory of persons listed in Annex I, II, III
connection with any contract or transaction the
or IIIA the authorisation shall be limited to the
performance of which was affected, directly or indirectly,
purpose for which it is given and to the persons
wholly or in part, by reason of measures decided on
concerned thereby.";
pursuant to UNSCR 1718 (2006), UNSCR 1874 (2008)
and UNSCR 2087 (2013), including measures of the
(d) the following paragraph is added:
Union or any Member State in accordance with, as
required by or in any connection with, the implementation
of the relevant decisions of the Security Council or
"10. Member
States
shall
exercise
vigilance
and
measures covered by the this Decision, shall be granted
restraint regarding the entry into or transit through
to the designated persons or entities listed in Annexes I, II,
their territories of individuals working on behalf or
III and IIIA, or any other person or entity in the DPRK,
at the direction of a designated individual or entity
including the Government of the DPRK, its public bodies,
as listed in Annex I.".
corporations and agencies, or any person or entity
claiming through or for the benefit of any such person
(4) In Article 5(1), the following point is added:
or entity.".
"(d) the persons and entities not covered by Annex I, II or
(8) Article 9(2) is replaced by the following:
III that are involved in, including through the
provision of financial services, the supply to or from
the DPRK of arms and related material of all types, or
"2. The
Council,
acting
by
unanimity
on
a
proposal
of items, materials, equipment, goods and technology
from Member States or the High Representative of the
which could contribute to the DPRK's nuclear-related,
Union for Foreign Affairs and Security Policy, shall
ballistic missile-related or other weapons of mass
establish the lists in Annexes II, III and IIIA and adopt
destruction-related programmes, to the DPRK, as
modifications thereto.".
listed in Annex IIIA.".
(9) Article 10(2) is replaced by the following:
(5) The following article is inserted:
"Article 6a
"2. Where the Council decides to subject a person or
entity to the measures referred to in Articles 4(1)(b), (c)
1. The
opening
of
new
branches,
subsidiaries,
or
repre
and (d) and 5(1)(b), (c) and (d), it shall amend Annex II, III
sentative offices of DPRK banks in the territories of
or IIIA accordingly.".

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EN
19.2.2013 Official
Journal
of
the
European
Union L
46/31
(10) Article 11 is replaced by the following:
Article 2
"
The persons and entities listed in Annex I to this Decision shall
Article 11
be added to the lists set out in Annex I to Decision
1. Annexes
I,
II,
III
and
IIIA
shall
include
the
grounds 2010/800/CFSP.
for listing of listed persons and entities, as provided by the
Security Council or by the Sanctions Committee with
regard to Annex I.
Article 3
The entities listed in Annex II to this Decision shall be deleted
2. Annexes
I,
II,
III
and
IIIA
shall
also
include,
where from the lists set out in Annexes II and III to Decision
available, information necessary to identify the persons or
2010/800/CFSP.
entities concerned, as provided by the Security Council or
by the Sanctions Committee for Annex I. With regard to
persons, such information may include names including
Article 4
aliases, date and place of birth, nationality, passport and
Annex III to this Decision is added as Annex IIIA to Decision
ID card numbers, gender, address, if known, and function
2010/800/CFSP.
or profession. With regard to entities, such information
may include names, place and date of registration, regis
tration number and place of business. Annex I shall also
Article 5
include the date of designation by the Security Council or
by the Sanctions Committee.".
This Decision shall enter into force on the day of its publication
in the Official Journal of the European Union.
(11) Article 12(3) is replaced by the following:
"3. The
measures
referred
to
in
Articles
4(1)(b),
(c)
and Done at Brussels, 18 February 2013.
(d) and 5(1)(b), (c) and (d) shall be reviewed at regular
intervals and at least every 12 months. They shall cease
to apply in respect of the persons and entities concerned if
For the Council
the Council determines, in accordance with the procedure
referred to in Article 9(2), that the conditions for their
The President
application are no longer met.".
C. ASHTON

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L 46/32
EN
Official Journal of the European Union
19.2.2013
ANNEX I
Persons and entities referred to in Article 2
A. List of persons referred to in Articles 4(1)(a) and 5(1)(a)
Name Alias Date
of
birth Date
of
designation Other
information
1. Paek
Chang-Ho Pak
Chang-Ho; D.O.B. 18 June
22.1.2013 Senior
official
and
head
of
the
1964;
satellite control center of
Paek Ch'ang-Ho
Korean Committee for Space
P.O.B. Kaesong,
Technology.
DPRK
Passport: 381420754;
Passport Date of Issue:
7 December 2011;
Passport Date of Expiration:
7 December 2016.
2. Chang
Myong-Chin Jang
Myong-Jin D.O.B.
1966; 22.1.2013 General
Manager
of
the
Sohae
Satellite Launching Station and
Alt. D.O.B.
head of launch center at which
1965
the 13 April and 12 December
2012 launches took place.
3. Ra
Ky'ong-Su 22.1.2013 Ra
Ky'ong-Su
is
a
Tanchon
Commercial Bank (TCB) official.
In this capacity he has facilitated
transactions for TCB. Tanchon
was designated by the
Committee in April 2009 as the
main DPRK financial entity
responsible for sales of conven
tional arms, ballistic missiles,
and goods related to the
assembly and manufacture of
such weapons.
4. Kim
Kwang-il 22.1.2013 Kim
Kwang-il
is
a
Tanchon
Commercial Bank (TCB) official.
In this capacity, he has facilitated
transactions for TCB and the
Korea Mining Development
Trading Corporation (KOMID).
Tanchon was designated by the
Committee in April 2009 as the
main DPRK financial entity
responsible for sales of conven
tional arms, ballistic missiles,
and goods related to the
assembly and manufacture of
such weapons. KOMID was
designated by the Committee in
April 2009 and is the DPRK's
primary arms dealer and main
exporter of goods and
equipment related to ballistic
missiles and conventional
weapons.

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EN
19.2.2013 Official
Journal
of
the
European
Union L
46/33
B. List of entities referred to in Article 5(1)(a)
Name Alias Location Date
of
designation Other
information
1. Korean
Committee DPRK Committee
Pyongyang,
22.1.2013 The
Korean
Committee
for
Space
for Space
for Space
DPRK
Technology (KCST) orchestrated
Technology
Technology;
the DPRK's launches on
13 April 2012 and 12 December
Department of
2012 via the satellite control
Space Technology
center and Sohae launch area.
of the DPRK;
Committee for
Space Technology;
KCST
2. Bank
of
East
Land Dongbang
Bank; P.O. Box 32,
22.1.2013 DPRK
financial
institution
Bank
BEL Building,
of East Land facilitates weapons-
Tongbang
Jonseung-Dung,
related transactions for, and
U'Nhaeng;
Moranbong
other support to, arms manu
District,
facturer and exporter Green Pine
Tongbang Bank
Pyongyang,
Associated Corporation (Green
DPRK
Pine). Bank of East Land has
actively worked with Green Pine
to transfer funds in a manner
that circumvents sanctions. In
2007 and 2008, Bank of East
Land facilitated transactions
involving Green Pine and
Iranian financial institutions,
including Bank Melli and Bank
Sepah. The Security Council
designated Bank Sepah in
resolution 1747 (2007) for
providing support to Iran's
ballistic missile program. Green
Pine was designated by the
Committee in April 2012.
3. Korea
Kumryong
22.1.2013 Used
as
an
alias
by
the
Korea
Trading
Mining Development Trading
Corporation
Corporation (KOMID) to carry
out procurement activities.
KOMID was designated by the
Committee in April 2009 and is
the DPRK's primary arms dealer
and main exporter of goods and
equipment related to ballistic
missiles and conventional
weapons.
4. Tosong
Pyongyang,
22.1.2013 The
Korea
Mining
Development
Technology
DPRK
Corporation (KOMID) is the
Trading
parent company of Tosong Tech
Corporation
nology Trading Corporation.
KOMID was designated by the
Committee in April 2009 and is
the DPRK's primary arms dealer
and main exporter of goods and
equipment related to ballistic
missiles and conventional
weapons.

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L 46/34
EN
Official Journal of the European Union
19.2.2013
Name Alias Location Date
of
designation Other
information
5. Korea
Ryonha
Chosun Yunha
Central District,
22.1.2013 Korea Ryonbong General
Machinery Joint
Machinery Joint
Pyongyang,
Corporation is the parent
Venture
Operation
DPRK;
company of Korea Ryonha
Corporation
Company;
Machinery Joint Venture Corpor
Mangungdae-gu,
ation. Korea Ryonbong General
Korea Ryenha
Pyongyang,
Corporation was designated by
Machinery J/V
DPRK;
the Committee in April 2009
Corporation;
and is a defence conglomerate
Mangyongdae
specializing in acquisition for
Ryonha Machinery District,
DPRK defence industries and
Joint Venture
Pyongyang,
support to that country's
Corporation
DPRK
military-related sales.
6. Leader
(Hong
Leader
Room 1610
22.1.2013 Facilitates
shipments
on
behalf
of
Kong) International International
Nan Fung
the Korea Mining Development
Trading Limited
Tower, 173 Des
Trading Corporation (KOMID).
Voeux Road,
KOMID was designated by the
Hong Kong
Committee in April 2009 and is
the DPRK's primary arms dealer
and main exporter of goods and
equipment related to ballistic
missiles and conventional
weapons.
7. Green
Pine
Cho'ngsong United c/o
2.5.2012 Green Pine Associated
Associated
Trading Company; Reconnaissance
Corporation ("Green Pine") has
Corporation
General Bureau
taken over many of the activities
Chongsong
Headquarters,
of the Korea Mining Devel
Yonhap;
Hyongjesan-
opment Trading Corporation
Guyok,
(KOMID). KOMID was designated
Ch'o'ngsong
Pyongyang,
by the Committee in April 2009
Yo'nhap;
DPRK;
and is the DPRK's primary arms
Chosun Chawo'n
dealer and main exporter of
Nungrado,
Kaebal T'uja Hoesa;
goods and equipment related to
Pyongyang,
ballistic missiles and conven
Jindallae;
DPRK
tional weapons.
Ku'mhaeryong
Green Pine is also responsible for
Company LTD;
approximately half of the arms
and related materiel exported by
Natural Resources
the DPRK.
Development and
Investment
Green Pine has been identified
Corporation;
for sanctions for exporting arms
or related material from North
Saeingp'il
Korea. Green Pine specializes in
Company
the production of maritime
military craft and armaments,
such as submarines, military
boats and missile systems, and
has exported torpedoes and
technical assistance to Iranian
defence-related firms.
8. Amroggang
Amroggang
Tongan-dong,
2.5.2012 Amroggang,
which
was
estab
Development
Development Bank; Pyongyang,
lished in 2006, is a Tanchon
Banking
DPRK
Commercial Bank-related
Corporation
Amnokkang
company managed by Tanchon
Development Bank
officials. Tanchon plays a role
in financing KOMID's sales of
ballistic missiles and has also
been involved in ballistic missile
transactions from KOMID to
Iran's Shahid Hemmat Industrial
Group (SHIG). Tanchon
Commercial Bank was designated
by the Committee in April 2009
and is the main DPRK financial

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EN
19.2.2013 Official
Journal
of
the
European
Union L
46/35
Name Alias Location Date
of
designation Other
information
entity for sales of conventional
arms, ballistic missiles and
goods related to the assembly
and manufacture of such
weapons. KOMID was designated
by the Committee in April 2009
and is the DPRK's primary arms
dealer and main exporter of
goods and equipment related to
ballistic missiles and conven
tional weapons. The Security
Council designated SHIG in
resolution 1737 (2006) as an
entity involved in Iran's ballistic
missile programme.
9. Korea
Heungjin
Hunjin Trading
Pyongyang,
2.5.2012 The
Korea
Heungjin
Trading
Trading Company
Co.;
DPRK
Company is used by KOMID
for trading purposes. It is
Korea Henjin
suspected it has been involved
Trading Co.;
in supplying missile-related
goods to Iran's Shahid Hemmat
Korea Hengjin
Industrial Group (SHIG).
Trading Company
Heungjin has been associated
with KOMID, and, more specifi
cally, KOMID's procurement
office. Heungjin has been used
to procure an advanced digital
controller with applications in
missile design. KOMID was
designated by the Committee in
April 2009 and is the DPRK's
primary arms dealer and main
exporter of goods and
equipment related to ballistic
missiles and conventional
weapons. The Security Council
designated SHIG in resolution
1737 (2006) as an entity
involved in Iran's ballistic
missile programme.

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L 46/36
EN
Official Journal of the European Union
19.2.2013
ANNEX II
Entities referred to in Article 3
1. Green Pine Associated Corporation
2. Korea Heungjin Trading Company
3. Tosong Technology Trading Corporation
4. Korea Ryonha Machinery Joint Venture Corporation
5. Amroggang Development Banking Corporation
6. Bank of East Land
ANNEX III
"ANNEX IIIA
A. List of persons referred to in Article 4(1)(d) and Article 5(1)(d)
… .
B. List of entities referred to in Article 5(1)(d)
… ."

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