Implementation of UNSC Resolutions on Democratic Peoples' Republic of Korea (DPRK) - Customs - PUBLIC NOTICE No. 39/2019

MINISTRY OF FINANCE DEPARTMENT OF REVENUE OFFICE OF THE COMMISSIONER OF CUSTOMS, CHENNAI-II CUSTOMS HOUSE, 60, RAJAJI SALAI, CHENNAI - 600001 F. No. S.Mise02/2018-19/AM-11 Dated: 18.06.2019 PUBLIC NOTICE No. 39/2019 Sub: Implementation of UNSC Resolutions on Democratic Peoples Republic of Korea (DPRK)-Reg. In the wake of nuclear tests conducted by DPRK (North Korea) on 06.01.2016, the UNSC has adopted resolution 2270 (2016) and India being a UN member state is obliged to implement this as required under Chapter VII of the UN Charter. Paras 16 and 18 of the Operative Part OP ) of the UNSC 2270 (2016) relates to Customs. (2) OP 16 states that DPRK frequently uses front companies, shell companies, joint ventures and complex, opaque ownership structures for the purpose of violating measures imposed in relevant Security Council resolutions and accordingly, it has been directed to identify individuals and entities engaging in such practices and, if appropriate, designate them to be subject to die measures imposed in the resolutions 1718(2006), 1874(2009), 2087(2013), 2094(2013) and 2270(2016). (3) OP 18 of the UNSC 2270(2016) directs that all shall inspect the cargo within or transiting through their territory, including in their airports, seaports and free trade zones, that has originated in the DPRL, or that is destined for the DPRK, or has been brokered or facilitated by the DPRK or its nationals, or by the individuals or entities acting on their behalf or at their direction, or entities owned or controlled by them, or by designated individuals or entities, or that is being transported on DPRK flagged aircraft or maritime vessels, for the purposes of ensuring that no items are transferred in violation of resolutions 1718(2006), 1874(2009), 2087(2013), 2094(2013) and this resolution and calls upon States to implement such inspections in a manner that minimizes the impact on the transfer of cargo that the State determines is for humanitarian purposes (4) The last LA SC non-proliferation order on DPRK was notified by D GFT vide Notification No. 41/2015-20 dated 21.03.2017. Further, on 5th of August, 2017 the UNSC has adopted another Resolution no. S/RES/2371(2017) notified by DGFT vide Notifications No. 35/2015-20 dated 18.10.2017 and No. 52/2015-20 dated 07.03.2018 which reaffirms earlier UNSC resolutions on DPRK and adds certain other sets of prohibitions and decisions. (5) However, recently, certain instances of violation of these notifications we-e brought to the notice of the Board wherein certain Bills of Entry were cited where the country of origin was declared as DPRK. Similarly, there were certain shipping bills in which destination was declared as DPRK. On examination of the matter, it was reported that the actual country of origin/ destination country was other than DPRK and they were inadvertently entered so, without due diligence. (6) Considering the sensitivity of the issue and its widespread ramifications, Customs department has a greater responsibility in enforcing the aforesaid UNSC resolutions on DPRK, especially those related to prohibition in import and export of goods. (7) Hence, all the officers are intimated that the above said resolutions should be adhered to under all circumstances and difficulties faced, if any, may be brought to the notice of this office. (R. SRINIVAS NAIK) COMMISSIONER OF CUSTOMS (IMPORTS)