
2010 No. 132
Customs
The Export Control (North Korea) (Amendment) Order 2010
Made 26th January 2010
Laid before Parliament 27th January 2010
Coming into force 28th January 2010

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the interruption or reduction, in part or completely, of economic relations with one or more countries which are not Member States.

The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by sections 1, 2, 3, 4, 5 and 7 of the Export Control Act 2002, makes the following Order:
Citation and commencement
1 
This Order may be cited as the Export Control (North Korea) (Amendment) Order 2010 and shall come into force on 28th January 2010.
Amendments
2 
The Export Control (North Korea) Order 2007 is amended as set out in the Schedule to this Order.
Ian Lucas
Minister for Business and Regulatory Reform
Department for Business, Innovation and Skills
26th January 2010
SCHEDULE 
AMENDMENTS TO THE EXPORT CONTROL (NORTH KOREA) ORDER 2007
Article 2
1 
In article 1(2), in the definition of “the Regulation”, after “Council Regulation (EC) No 329/2007” insert “as amended by Commission Regulation (EC) No 117/2008 and Council Regulation (EU) No 1283/2009”.
2 
In article 4(1)—
(a) for sub-paragraphs (a) and (b) substitute—“
(a) Article 2(1)(a) (prohibition on sale etc. to North Korea of sensitive dual-use items),
(b) Article 2(3) (prohibition on purchase etc. from North Korea of sensitive dual-use items),”;
(b) In sub-paragraphs (c) and (d), substitute “other sensitive goods” with “sensitive dual-use items”;
(c) In sub-paragraph (d) delete “or” and, following that sub-paragraph, insert—“
(da) Article 3(1)(c) (prohibition on obtaining etc. from North Korea technical assistance related to military equipment and sensitive dual-use items),
(db) Article 3(1)(d) (prohibition on obtaining etc. from North Korea financing or financial assistance related to military equipment and sensitive items), or”.
3 
In article 4(3) insert “ , 3(1)(c), 3(1)(d)” after “3(1)(b)”
4 
In article 4(5)(a) substitute “3(1)(e)” for “3(1)(c)” and “Article 3(1)(a), (b), (c) or (d)” for “Article 3(1)(a) or (b)”.
5 
Following article 4(5) insert—“
(6) In any case where a person would, apart from this paragraph, be guilty of—
(a) an offence under this article; and
(b) a corresponding offence under the North Korea (United Nations Sanctions) Order 2009he shall not be guilty of the offence under this article.”.