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asia policy Table 1 provides an overview of sanctions on DPRK vessels. These restrictions are meant to restrict the movement of any vessel owned, managed, or operated by the Kim regime. The United Nations listed 31 North Korean “blacklisted” vessels under Resolution 2270. 26 This list is meant to include vessels that are flagged in the DPRK or owned by the Kim regime under the Pyongyang-based company Ocean Maritime Management, as well as those that are sailing under flags of convenience but that are ultimately operated by the regime (see Table 2). 27 However, many vessels on this list have since been reflagged in third countries, and ownership data suggests that they are controlled by offshore shell companies, some of which are traceable through the International Consortium of Investigative Journalists’ Offshore Leaks Database, which contains information from the Panama Papers. 28 Many vessels on this list continue to facilitate trade with Pyongyang while being insured by European, UK, and U.S. companies. On July 7, 2016, the U.S. Treasury Department enacted new sanctions specifically targeting Kim and ten other top officials in the DPRK. 29 The recent seizure orders by the United States exhibit a political willingness to act in response to the human rights crisis in North Korea, in addition to addressing the nuclear proliferation threat from the Kim regime. The sanctions freeze any property that Kim or his colleagues have in U.S. jurisdictions. The Treasury Department bases the sanctions on “North Korea’s notorious abuses of human rights…and to further our efforts to expose those responsible for serious human rights abuses and censorship in North Korea.” 30 Executive Orders 13722 and 13687 target individuals who “have engaged in, facilitated, or been responsible for an abuse or violation of human rights by the Government of North Korea or the Workers’ Party of Korea” and who could assist in the regime’s nuclear proliferation goals. 31 This executive order aims to punish these officials by confiscating any assets that they may have in the United States and U.S. territories. 32 26 “Security Council Imposes Fresh Sanctions on Democratic People’s Republic of Korea, Unanimously Adopting Resolution 2270 (2016),” UN Security Council, Press Release, March 2016. 27 “Flag of convenience” is a term applied to a vessel that is flagged under a foreign country, without any real connection to it, in order to avoid financial restrictions. 28 “Orion House Services HK,” Offshore Leaks u https://offshoreleaks.icij.org/nodes/11001746. 29 “Treasury Sanctions North Korean Officials.” 30 Ibid. 31 Ibid. 32 Labbott and Browne, “U.S. Sanctions North Korean Leader.” [ 138 ]
huish • the failure of maritime sanctions enforcement TABLE 1 Marine Vessel Sanctions against North Korea Country/ organization Vessel registration Insurance Flagging Ownership Leasing Management DPRK-flagged vessels banned from domestic ports Ban on imports from and exports to the DPRK Canada Prohibited Prohibited Prohibited Prohibited Prohibited Prohibited Yes Prohibited China Prohibited Prohibited Prohibited Prohibited Prohibited Prohibited Mandatory inspections of vessels for contraband items Prohibition on imports of North Korean coal and iron European Union Prohibited Prohibited Prohibited Prohibited Prohibited Prohibited Yes Partial ban on exports and imports related to military use Japan Prohibited Prohibited Prohibited Prohibited Prohibited Prohibited Total ban on all vessels that have entered North Korean ports regardless of flagging Prohibited since early 2016 New Zealand Prohibited Prohibited Prohibited Prohibited Prohibited Prohibited Mandatory inspections of vessels for contraband items Prohibited Norway Prohibited Prohibited Prohibited Prohibited Prohibited Prohibited Mandatory inspections of vessels for contraband items Partial ban on exports and imports related to military use Acts and laws Adoption of UN Resolution 2270, Special Economic Measures Act Adoption of UN Resolution 2270, Special Economic Measures Act EU Regulation 2016/682 Adoption of UN Resolution 2270 Adoption of UN Resolution 2270 Adoption of UN Resolution 2270 [ 139 ]
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the national bureau of asian resear
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asia policy number 23 • january 2
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