Council Implementing Regulation (EU) 2022/2429 of 12 December 2022 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea
Council Implementing Regulation (EU) 2022/2429of 12 December 2022implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Regulation (EC) No 329/2007OJ L 224, 31.8.2017, p. 1., and in particular Article 47 thereof,Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,Whereas:(1)On 30 August 2017, the Council adopted Regulation (EU) 2017/1509.(2)In its conclusions of 17 July 2017, the Council stated that the Union would consider further appropriate responses to actions by the Democratic People’s Republic of Korea (DPRK) that undermine the global non-proliferation and disarmament regime, in particular through additional autonomous restrictive measures.(3)On 22 December 2017, the United Nations Security Council (UNSC) adopted United Nations Security Council Resolution ("UNSCR") 2397 (2017), whereby it reaffirmed that the DPRK: is not to conduct any further launches that use ballistic missile technology, nuclear tests, or any other provocation; is to immediately suspend all activities related to its ballistic missile programme and in that context re-establish its pre-existing commitments to a moratorium on all missile launches; is to immediately abandon all nuclear weapons and existing nuclear programmes in a complete, verifiable and irreversible manner, and immediately cease all related activities; and is to abandon any other existing weapons of mass destruction and ballistic missile programmes in a complete, verifiable and irreversible manner.(4)Between 5 January and 18 November 2022, the DPRK launched at least 63 ballistic missiles, including multiple intercontinental ballistic missiles.(5)On 5 November 2022, the High Representative of the Union for Foreign Affairs and Security Policy ("the High Representative") issued a statement on behalf of the Union condemning the significant increase in illegal missile launches by the DPRK, including an intercontinental ballistic missile and a short-range ballistic missile that landed south of the Northern Limit Line. The High Representative stated that those actions represented a dangerous escalation in the DPRK’s violations of UNSCRs and an alarming illustration of the DPRK’s intention to continue undermining the global non-proliferation regime, which poses a grave threat to all nations and undermines international and regional peace and security. The High Representative further stated that those actions demanded a resolute response from the UNSC and called for the full implementation of sanctions to prevent the DPRK from procuring finance, knowledge and materials to support its illegal weapons programme. On 19 November 2022, the High Representative issued another statement on behalf of the Union, condemning the DPRK’s launch of an intercontinental ballistic missile that landed in Japan’s exclusive economic zone on 18 November and calling again upon the DPRK to comply with its obligations under the UNSCRs. The High Representative also reiterated the need for an appropriate UNSC response and recalled the duty for all UN Members to take action to fully implement sanctions imposed by the UNSC.(6)In view of the continued ballistic-missile-related activities carried out by the DPRK, in violation of and with flagrant disregard for the relevant UNSCRs, eight individuals and four entities (including two vessels) should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annexes XV and XVI to Regulation (EU) 2017/1509.(7)Regulation (EU) 2017/1509 should therefore be amended accordingly,HAS ADOPTED THIS REGULATION:
Article 1Annexes XV and XVI to Regulation (EU) 2017/1509 are amended in accordance with the Annex to this Regulation.
Article 2This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 12 December 2022.For the CouncilThe PresidentJ. Borrell FontellesANNEXRegulation (EU) 2017/1509 is amended as follows:(1)Annex XV is amended as follows:(a)under the heading "(a) Natural persons designated in accordance with point (a) of Article 34(4)", the following entries are added:
Name (and possible aliases)AliasIdentifying informationDate of designationReasons
"32.KIM Kwang Yon 김광연DOB: 30.7.1966Nationality: DPRKGender: malePassport number : 563210059 (expired 2018); 654410104 (expired 2019)12.12.2022In his capacity as a representative for Korea Mining Development Trading Corporation (KOMID) in Southern Africa, KIM Kwang Yon takes part in activities for an entity designated on 24 April 2009 by the Committee established pursuant to UNSCR 1718 (2006) as being engaged in or providing support for DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes. As such, he is directly involved in providing funds and supplies for the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes.
33.KIM Su Il김수일DOB: 4.3.1985Nationality: DPRKGender: malePassport number: 108220348; 745220480Address: Ho Chi Minh, Vietnam12.12.2022Since 2016, KIM Su Il has been an agent in Viet Nam for the Munitions Industry Department, performing economic, trading, mining and shipping activities associated with the Department’s business activities to earn foreign currency for the DPRK. He is involved in the export of DPRK products such as anthracite and titanium concentrate. He also earned foreign currency by importing and exporting raw materials to and from the DPRK and exporting Vietnamese goods to China and other countries. He is therefore responsible for financial activities supporting the DPRK’s nuclear and ballistic programmes.
34.PAK Kwang Hun 박광훈BAK Gwang HunDOB: 1970Nationality: DPRKGender: male12.12.2022In his capacity as a representative for Korea Ryonbong General Corporation (Ryonbong), PAK Kwang Hun takes part in activities for an entity designated on 24 April 2009 by the Committee established pursuant to UNSCR 1718 (2006) as being engaged in or providing support for DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes. As such, he is directly involved in providing funds and supplies for the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes.
35.KIM Ho Kyu 김호규KIM Ho GyuDOB: 15.9.1970Nationality: DPRKGender: maleAddress: DPRK Consulate General in Nakhodka, Russian FederationFunction or profession : Representative for Korea Ryonbong General Corporation (Ryonbong)Deputy Consul at DPRK Consulate General in Nakhodka, Russian Federation12.12.2022In his capacity as a representative for Korea Ryonbong General Corporation (Ryonbong), KIM Ho Kyu takes part in activities for an entity designated on 24 April 2009 by the Committee established pursuant to UNSCR 1718 (2006) as being engaged in or providing support for DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes. As such, he is directly involved in providing funds and supplies for the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes.
36.JONG Yong Nam정영남DOB: 26.1.1966Nationality: DPRKGender: malePassport number: PS 927120050Address: Minsk, BelarusFunction or profession: Representative in Minsk of the Second Academy of Natural Sciences of the DPRK12.12.2022In his capacity as a representative in Minsk, Belarus, of an organisation with direct links to the Second Academy of Natural Sciences in the DPRK, JONG Yong Nam takes part in activities for a sanctioned entity set out in UNSCR 2094 (2013). This entity is known for its proliferation activities benefitting the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes. As such, he is directly involved in providing funds and supplies for the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes."
(b)under the heading "(b) Legal persons, entities and bodies designated in accordance with point (a) of Article 34(4)", the following entry is added:
Name (and possible aliases)AliasLocationDate of designationReasons
"6.Ministry of Rocket Industry로케트공업부Rocket Industry DepartmentPyongchon, DPRK12.12.2022The UN Panel of Experts received information on an individual employed by companies linked to the Ministry of Rocket Industry who is involved in the procurement of finance through the sale of voice-phishing hacking applications. The UN Panel of Experts has also received information from multiple UN Member States on an individual procuring aluminium powder and other commodities known to be used in solid-fuel propellant for the Ministry of Rocket Industry. The UN Panel reports that the Ministry of Rocket Industry is an agency of the Munitions Industry Department. As the Munitions Industry Department is responsible for the development of nuclear and missile technology, the funding procured by the Ministry of Rocket Industry could be used to support the development of nuclear and missile technology prohibited by UNSCRs."
(c)the following headings are added:"(d)Legal persons, entities and bodies designated in accordance with point (b) of Article 34(4)(e)Natural persons designated in accordance with point (c) of Article 34(4)";(d)the following heading and entries are added:"(f)Legal persons, entities and bodies designated in accordance with point (c) of Article 34(4)
NameAliasIdentifying informationDate of designationReasons
1.UnicaType of ship: delivery vessel, oil tankerPrincipal place of business: DPRK, People’s Republic of ChinaIMO: 851430612.12.2022The oil tanker and delivery vessel Unica actively participates in ship-to-ship transfers of refined petroleum and vessel identity laundering in order to effectively deliver refined petroleum to the DPRK, in violation of UNSCR 2397 (2017). Unica is regularly cited by the UN Panel of Experts pursuant to UNSCR 1874 (2009) for designation by the Committee.Unica is therefore involved in supplies that could contribute to the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes.
2.New KonkType of ship: delivery vessel, oil tankerOwner: New Konk Ocean International Company LimitedPrincipal place of business: DPRK, People’s Republic of ChinaIMO: 903638712.12.2022The oil tanker and delivery vessel New Konk actively participates in ship-to-ship transfers of refined petroleum and vessel identity laundering in order to effectively deliver refined petroleum to the Democratic People’s Republic of Korea, in violation of UNSCR 2397 (2017). New Konk is regularly cited by the UN Panel of Experts pursuant to UNSCR 1874 (2009) for designation by the Committee.New Konk is therefore involved in supplies that could contribute to the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes."
(2)Annex XVI is amended as follows:(a)under the heading "(a) Natural persons", the following entries are added:
Name (and possible aliases)Identifying informationDate of designationReasons
"29.KIL Jong HunDOB: 7.8.1965 / 20.2.1972Passport number: 563410081 / 472410022Nationality: DPRKGender: male12.12.2022In his capacity as a representative for the Korea Mining Development Trading Corporation (KOMID), Kil Jong Hun is responsible for providing assistance in arms procurement for Equatorial Guinea, thus evading the international arms embargo set out in relevant UNSCRs. He has been under US sanctions since 2015. Previously employed as the representative of the designated entity KOMID in Namibia under diplomatic status, he has set up a bank account in South Africa. Due to his position, he continues his proliferation activities for KOMID, providing valuable finance for the DPRK despite international sanctions.
30.PYON Kwang CholDOB: 16.9.1964Nationality: DPRKGender: male12.12.2022In his capacity as a deputy representative for a suspected front company of the Second Academy of Natural Sciences in Dalian (China), PYON Kwang Chol takes part in activities for a sanctioned entity set out in UNSCR 2094 (2013). This entity is known for its proliferation activities benefitting the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes. As such, he is directly involved in providing funds and supplies for the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes.
31.O Yong HoDOB: 25.12.1961Passport number: 108410041Nationality: DPRKGender: male12.12.2022In his capacity as a representative in Moscow, Russian Federation, with direct links to the Second Academy of Natural Sciences, O Yong Ho takes part, under diplomatic status, in activities for a sanctioned entity set out in UNSCR 2094 (2013). This entity is known for its proliferation activities benefitting the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes. As such, he is directly involved in providing funds and supplies for the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes."
(b)under the heading "(b) Legal persons, entities and bodies", the following entry is added:
Name (and possible aliases)LocationDate of designationReasons
"9.Korea Rounsan Trading Corporation로은산무역회사12.12.2022The Korean Rounsan Trading Corporation is a subordinate company of the Ministry of Rocket Industry of the DPRK. As such, the entity is directly involved in providing support for the DPRK’s nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes. The company is particularly involved in establishing joint ventures in the DPRK, promoting large-scale projects with Chinese companies, sending DPRK workers, and managing the procurement of large European equipment."