UN Security Council Resolution 2094 on North Korea
Susan E. Rice
U.S. Permanent Representative to the United Nations
U.S. Mission to the United Nations
New York, NY
March 7, 2013
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FOR IMMEDIATE RELEASE
The UN Security Council today unanimously adopted a resolution to impose additional sanctions on North Korea in response to that country's February 12th announcement of a nuclear test. This resolution, the fifth since 2006, builds upon, strengthens and significantly expands the scope of the strong sanctions regime already in place. The Security Council's adoption of this resolution shows that the international community is united in its condemnation of North Korea's nuclear and ballistic missile programs and continued violation of UN Security Council resolutions.
The new sanctions contained in this resolution will significantly impede North Korea's ability to develop further its illicit nuclear and ballistic missile programs, as well as its proliferation activities. These strong sanctions -- in addition to the commitment to take additional measures in the event of a further launch or nuclear test -- demonstrate to North Korea that there are real costs for its continued violations of its international obligations.
2094 Highlights
· Condemns in the strongest terms North Korea's ongoing nuclear activities, including its uranium enrichment program, and reaffirms the obligation on North Korea to abandon all existing nuclear, other weapons of mass destruction and ballistic missile programs.
· Imposes new financial sanctions to block financial transactions in support of illicit DPRK activity, crack down on bulk cash transfers, and further restrict ties to North Korea’s financial sector, if there is a link to illicit DPRK activity;
· Strengthens states’ authority to inspect suspicious cargo and deny port and over flight access to DPRK-affiliated shipments where warranted;
· Enables stronger enforcement of existing sanctions by UN Member States.
· Sanctions new individuals and entities;
· Adds new items to the Security Council sanctions list.
Financial Sanctions
· Requires states to freeze or block any financial transaction or financial service that could contribute to North Korea's illicit programs or the violation of Security Council resolutions.
· Calls on states to prohibit the opening of North Korean bank branches on their territories if there is a link to North Korea's illicit programs or the violation of Security Council resolutions.
· Calls on states to prohibit their financial institutions from opening offices in North Korea if there is a link to North Korea's illicit programs or the violation of Security Council resolutions.
· Determines that financial sanctions apply to bulk cash transfers, including through cash couriers (a common way that North Korea has moved illicit funds).
· Requires states not to provide public financial support for trade with North Korea (e.g., export credits or insurance) if there is a link to North Korea's illicit programs or the violation of Security Council resolutions.
· Urges states to implement guidance from the Financial Action Task Force (a multilateral organization) involving proliferation finance.
Interdiction
· Requires states to inspect cargo on their territories, if the state has reasonable grounds to believe the cargo contains prohibited items (e.g., conventional arms, nuclear- or ballistic missile-related items, etc.).
· Requires states to deny port access to any North Korean vessel that refuses to be inspected or any other vessel that has refused an inspection authorized by that vessel's flag state.
· Calls on states to deny permission to any aircraft to take off, land in or overfly their territory if the aircraft is suspected of transporting prohibited items.
· Prompts states to provide information to the Security Council's North Korea Sanctions Committee regarding activity by North Korean aircraft or vessels to evade sanctions (e.g., renaming, re-registering).
Other Measures
· Determines that existing sanctions prohibit brokering sales of prohibited items (e.g., conventional arms, nuclear- and ballistic missile-related items).
· Expands the scope of the existing asset freeze to cover the subsidiaries and front companies of entities that have already been designated for targeted sanctions.
· Requires states to prohibit the travel of any individual determined to be working for a designated individual or entity or who is violating existing sanctions. If the individual is North Korean, then States are required to expel him or her back to North Korea.
· Calls on states to exercise enhanced vigilance over North Korean diplomats to prevent them from contributing to North Korea's nuclear or ballistic missile-programs, engaging in other activities prohibited by Security Council resolutions or evading sanctions.
· Directs the Sanctions Committee to update annually the lists of nuclear and ballistic missile technology that is prohibited for transfer to or from North Korea.
· Calls on and authorizes states to prevent the transfer to or from North Korea of any item that could contribute to North Korea's nuclear or ballistic missile programs or any other violation of Security Council resolutions.
· Specifies that prohibited luxury goods are banned for transfer to North Korea, including certain kinds of jewelry and precious stones, yachts, luxury automobiles and racing cars.
Sanctions Implementation
· Calls on states to report to the Security Council within ninety days on steps taken to implement these sanctions and to supply information regarding sanctions violations.
· Directs the Sanctions Committee to respond to sanctions violations by imposing targeted sanctions on individuals and entities responsible for such violations.
· Renews the mandate of the UN's Panel of Experts (a sanctions monitoring team) and expands the size of the group from seven to eight members.
· Applies force majeure to enable states to enforce the sanctions without fear of being sued.
Political Track
· Reiterates the Security Council's commitment to a diplomatic solution, welcomes efforts by other states to facilitate such a solution through dialogue, and reaffirms support for the Six-Party Talks.
· Affirms that the Security Council will keep North Korea's actions under continuous review and will adjust the measures as appropriate.
· Expresses the Council's determination to take “further significant measures” in the event of another North Korean launch or nuclear test.
Annexes: Sanction Designations (Individuals, Entities, Items)
The resolution has four technical annexes that specify:
1. Nuclear, ballistic missile, and chemical weapons-related technology that will be banned for transfer to and from North Korea;
2. North Korean companies that will be subject to a freeze of their assets and banned from doing any further business internationally;
3. Individuals who will be subject to a travel ban and freeze of their assets;
4. Lists of specific luxury goods that are included in the ban on transfer to North Korea.
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