Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Prohibitions (continued)

Marginal note:Prohibited activities — entities referred to in section 19

 It is prohibited for any entity referred to in section 19 to open a new office, branch, subsidiary or bank account in the DPRK.

  • SOR/2009-232, s. 5
  • SOR/2013-219, s. 9
  • SOR/2016-278, s. 2
  • SOR/2018-1, s. 5
  • SOR/2018-2, s. 2
  • SOR/2020-119, s. 2

 [Repealed, SOR/2016-278, s. 2]

 [Repealed, SOR/2013-219, s. 9]

 [Repealed, SOR/2016-278, s. 2]

Marginal note:Joint ventures and cooperative entities

  •  (1) It is prohibited for any person in Canada or any Canadian outside Canada to form, maintain or operate a joint venture or a cooperative entity with the DPRK or with any person in the DPRK.

  • Marginal note:Maintaining operations

    (2) A joint venture or cooperative entity may continue to operate, however, if the Committee of the Security Council has approved the maintenance of the operation.

  • SOR/2009-232, s. 13(E)
  • SOR/2013-219, s. 10
  • SOR/2016-278, s. 2
  • SOR/2018-1, s. 6
  • SOR/2018-2, s. 3
  • SOR/2020-119, s. 2

Marginal note:Embargo — specific products

  •  (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly sell, supply or transfer, directly or indirectly, any of the following products, wherever situated, to the DPRK or to any person in the DPRK:

    • (a) arms and related material;

    • (b) the vehicles, aircrafts, vessels and associated transport equipment referred to in HS codes 86 to 89;

    • (c) luxury goods;

    • (d) aviation fuel including aviation gasoline, napthatype jet fuel, kerosene-type jet fuel and kerosene-type rocket fuel, except for aviation fuel provided to a DPRK passenger aircraft for its return flight to the DPRK;

    • (e) crude oil and refined petroleum products;

    • (f) condensates and natural gas liquids;

    • (g) the base metals and articles of base metal referred to in HS codes 72 to 83;

    • (h) the machinery, mechanical appliances and electrical equipment referred to in HS codes 84 and 85.

  • Marginal note:DPRK’s weapons programme

    (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly sell, supply or transfer, directly or indirectly, any of the following products, wherever situated, that are destined for the DPRK or for any person in the DPRK:

    • (a) those that are listed in Information Circular INFCIRC/ 254/Rev.12/Part 1, entitled Communication Received from the Permanent Mission of the Czech Republic to the International Atomic Energy Agency regarding Certain Member States’ Guidelines for the Export of Nuclear Material, Equipment and Technology;

    • (b) those that are listed in Information Circular INFCIRC/ 254/Rev.9/Part 2, entitled Communication Received from the Permanent Mission of the Czech Republic to the International Atomic Energy Agency regarding Certain Member States’ Guidelines for Transfers of Nuclear-related Dual-use Equipment, Materials, Software and Related Technology;

    • (c) those that appear on the lists set out in the Security Council documents S/2014/253, S/2016/308, S/2016/1069, S/2017/728, S/2017/760, S/ 2017/822 and S/2017/829;

    • (d) those that have been identified under paragraph 8 of Security Council Resolution 1718 by the Committee of the Security Council or by the Security Council;

    • (e) those that appear in Annex III of Security Council Resolution 2321.

  • Marginal note:Support of military activities

    (3) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide to the DPRK, to any person in the DPRK, or to any person acting on behalf of the DPRK, any products other than food or medicine that could be used to support military activities.

  • Marginal note:Technical assistance

    (4) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide to the DPRK, to any person in the DPRK, or to any person acting on behalf of the DPRK, technical assistance related to the sale, supply, transfer, manufacture, use or maintenance of any of the products referred to in paragraph (1)(a) or subsection (2).

  • Marginal note:Training to nationals

    (5) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide to any national teaching or training in disciplines which could contribute to the proliferation of nuclear activities or the development of nuclear weapon delivery systems in the DPRK, including in advanced studies of physics, materials science, computer simulation and related computer sciences and geospatial navigation, and in nuclear, chemical, mechanical, electrical, industrial, aerospace and aeronautical engineering and related disciplines.

  • SOR/2009-232, s. 13(E)
  • SOR/2013-219, s. 12(F)
  • SOR/2016-278, s. 2
  • SOR/2018-1, s. 7
  • SOR/2018-2, s. 4
  • SOR/2020-119, s. 2

Marginal note:Exception — exportation

  •  (1) Subsections 8(1) to (3) do not apply to an activity if the Committee of the Security Council has approved the activity in advance.

  • Marginal note:Exception — technical assistance and training

    (2) Subsections 8(4) and (5) do not apply to an activity if the Committee of the Security Council has approved the activity in advance.

  • SOR/2009-232, s. 6(F)
  • SOR/2016-278, s. 2
  • SOR/2018-1, s. 8
  • SOR/2018-2, s. 5
  • SOR/2020-119, s. 2

Marginal note:Embargo — prohibited acquisitions

  •  (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire any vessel or any of the products referred to in paragraph 8(1)(a) or subsections 8(2) and (3), wherever situated, from the DPRK or from any person in the DPRK.

  • Marginal note:Coal, minerals and wood

    (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire any of the following products, wherever situated, from the DPRK or from any person in the DPRK:

    • (a) any salt, sulphur, earths and stone, plastering materials, lime, cement and other materials referred to in HS code 25;

    • (b) coal, iron, iron ore, gold, titanium ore, vanadium ore, rare earth minerals, copper, nickel, silver, zinc, lead and lead ore;

    • (c) any wood, articles of wood and wood charcoal referred to in HS code 44.

  • Marginal note:Statues

    (3) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire statues, wherever situated, from the DPRK or from any person in the DPRK.

  • Marginal note:Seafood

    (4) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire seafood, including fish, crustaceans, mollusks and other aquatic invertebrates, wherever situated, or to acquire fishing rights related to such products by transfer or other means, from the DPRK or from any person in the DPRK.

  • Marginal note:Food and agricultural products

    (5) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire the products referred to in HS code 7, HS code 8 and HS code 12, wherever situated, from the DPRK or from any person in the DPRK.

  • Marginal note:Textiles

    (6) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire textiles, including fabrics and partially or fully assembled apparel products, wherever situated, from the DPRK or from any person in the DPRK.

  • Marginal note:Machinery, appliances and electrical equipment

    (7) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire the machinery, mechanical appliances and electrical equipment referred to in HS codes 84 and 85, wherever situated, from the DPRK or from any person in the DPRK.

  • Marginal note:Technical assistance and training

    (8) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly receive any technical assistance or teaching or training related to the purchase, acquisition, manufacture, use or maintenance of any of the products referred to in paragraph 8(1)(a) or subsections 8(2) and (3) from the DPRK, from any person in the DPRK or from any national.

Marginal note:Exception — importation

 Subsections 10(1) to (7) do not apply to an activity if the Committee of the Security Council has approved the activity in advance.

 [Repealed, SOR/2016-278, s. 2]

 [Repealed, SOR/2016-278, s. 2]

Marginal note:Embargo — carriage

  •  (1) It is prohibited for any owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, or any operator of an aircraft registered in Canada or any Canadian owner or master of a vessel or Canadian operator of an aircraft to knowingly carry, cause to be carried or permit to be carried any of the products referred to in subsections 8(1) to (3) or any bulk cash that is destined for the DPRK or for any person in the DPRK.

  • Marginal note:Carriage from DPRK — products referred to in subsections 10(1) to (7)

    (2) It is also prohibited for any such owner, master or operator to knowingly carry, cause to be carried or permit to be carried, from the DPRK, any of the products referred to in any of subsections 10(1) to (7) or any bulk cash.

Marginal note:Exception — export

  •  (1) Subsection 12(1) does not apply if the Committee of the Security Council has been given notice in advance of the transport of a product that has been the subject of an advance approval referred to in subsection 9(1).

  • Marginal note:Exception — import

    (2) Subsection 12(2) does not apply if the Committee of the Security Council has been given notice in advance of the transport of a product that has been the subject of an advance approval referred to in section 11.

Marginal note:Maintaining vessel

  •  (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide products or services for the operation or maintenance of any vessel, including with respect to stevedoring and lighterage, if the vessel has been identified by the competent authorities as one that is carrying any of the products referred to in subsections 8(1) to (3) and 10(1) to (7), unless it is necessary to do so for the safeguarding of human life or for the vessel to return to its port of origin.

  • Marginal note:Crew services

    (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide a Canadian-flagged vessel or aircraft, or crew services for any vessel or aircraft, to the DPRK, to any person in the DPRK, to a designated person, to a person acting on behalf of or at the direction of a designated person or to an entity that is owned, held or controlled by a designated person.

  • Marginal note:Crew services from DPRK

    (3) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly procure vessel or aircraft crew services from the DPRK or from any person in the DPRK.

  • Marginal note:Vessels

    (4) It is prohibited for any person in Canada or any Canadian outside Canada to

    • (a) register a vessel in the DPRK;

    • (b) obtain authorization for a vessel to fly the DPRK flag;

    • (c) own, lease or operate, directly or indirectly, any DPRK-flagged vessel;

    • (d) insure or reinsure any DPRK-flagged vessel or any vessel owned, held, controlled or operated, directly or indirectly, by the DPRK or any other vessel identified by the competent authorities as one that has transported any of the products referred to in any of subsections 8(1) to (3) and 10(1) to (7); or

    • (e) provide any vessel classification, certification or related service for any DPRK-flagged vessel.

Marginal note:Exceptions — case by case

 Section 14 does not apply to an activity if the Committee of the Security Council has approved the activity in advance.

 [Repealed, SOR/2016-278, s. 2]

Marginal note:Assisting in prohibited activity

 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly do anything that causes, facilitates or assists in, or is intended to cause, facilitate or assist in, any activity prohibited by sections 2, subsection 3(1), sections 4 and 6, subsection 7(1), sections 8, 10, 12 and 14.

Obligations

Marginal note:Airports

  •  (1) The authority that is responsible for an airport or its operator must refuse to allow an aircraft to land if the Minister advises the Authority that the Minister has information in his or her possession allowing him or her to conclude that the aircraft is in contravention of subsection 12(1) or (2) or that it is an aircraft of the DPRK.

  • Marginal note:Ports

    (2) The authority that is responsible for a port or its operator must refuse to allow a vessel to dock if the Minister advises the port or its operator that the Minister has information in his or her possession allowing him or her to conclude that the vessel is in contravention of subsection 12(1) or (2) or that it is a vessel of the DPRK.

  • Marginal note:Exceptional circumstances

    (3) Subsections (1) and (2) do not apply if it is necessary for the aircraft or vessel to land or dock for the safeguarding of human life, for inspection under a federal Act or for the aircraft or vessel to return to its point of origin.

 

Date modified: