Similar Resolutions prohibit transfer of nuclear technology and conventional
arms to North Korea.
42 But the current list of prohibited cargo in and out of North
Korea is much more comprehensive. Resolutions focusing on prohibiting Member
State exports to North Korea have included luxury goods, such as jewellery, precious
stones, yachts, and race cars.
43 Resolutions have also focused on broad sectorial bans
of commodities. In 2017, these included limitations and prohibitions on the supply,
sale or transfer of crude oil and other refined petroleum products.
44 Prohibitions also
include industrial machinery, iron, steel and other metals.
45
Recent measures also prohibit North Korea from exporting to generate revenue.
In a string of Resolutions in 2016 and 2017, the Security Council banned North
Korea from selling coal, iron ore, rare earth minerals, precious metals, and seafood.
46
Most recently, it added electrical equipment, machinery, agricultural products, and
wood to that list. To define the scope of the prohibition, the Security Council
referenced entire chapters of the Harmonized Commodity Description and Coding
System used worldwide in product classification for customs purposes.
47
3.6 Authorization for Cargo Inspections and Maritime
Interdiction
To effectuate the import/export bans, the Security Council has authorized and
required vessel inspections of potential sanctions violators. While acknowledging
restrictions on jurisdiction under international law of the sea and customary international law, recent Resolutions have provided Member States with sweeping
authority to inspect vessels in their territorial waters and in some circumstances
interdict vessels on the high seas.
In the Iran context, under UNSC Res 1803 (2007), the Security Council authorized all States to, ‘inspect the cargoes to and from Iran, of aircraft and vessels, at
their airports and seaports, owned or operated by Iran Air Cargo and Islamic
Republic of Iran Shipping Line, provided there are reasonable grounds to believe
that the aircraft or vessel is transporting goods prohibited”.
48 This Resolution
specifically limits the authorization of such inspections to be in accordance with
‘national legal authorities and legislation and consistent with international law, in
42 UNSC Res 1718 (2006) para 8.
43 UNSC Res 1718 (2006) para 8; UNSC Res 2094 (2013), Annex IV.
44 UNSC Res 2375 (2017).
45 Id.
46 See UNSC Res 2270 (2016) para 29–30; UNSC Res 2231 (2016) para 26–28; UNSC Res 2371
(2017) para 8.
47 UNSC Res 2397 (2017) para 6.
48 UNSC Res 1803 (2007).
9 The Impact of UN Sanctions on Commercial Shipping Activities
167
arms to North Korea.
42 But the current list of prohibited cargo in and out of North
Korea is much more comprehensive. Resolutions focusing on prohibiting Member
State exports to North Korea have included luxury goods, such as jewellery, precious
stones, yachts, and race cars.
43 Resolutions have also focused on broad sectorial bans
of commodities. In 2017, these included limitations and prohibitions on the supply,
sale or transfer of crude oil and other refined petroleum products.
44 Prohibitions also
include industrial machinery, iron, steel and other metals.
45
Recent measures also prohibit North Korea from exporting to generate revenue.
In a string of Resolutions in 2016 and 2017, the Security Council banned North
Korea from selling coal, iron ore, rare earth minerals, precious metals, and seafood.
46
Most recently, it added electrical equipment, machinery, agricultural products, and
wood to that list. To define the scope of the prohibition, the Security Council
referenced entire chapters of the Harmonized Commodity Description and Coding
System used worldwide in product classification for customs purposes.
47
3.6 Authorization for Cargo Inspections and Maritime
Interdiction
To effectuate the import/export bans, the Security Council has authorized and
required vessel inspections of potential sanctions violators. While acknowledging
restrictions on jurisdiction under international law of the sea and customary international law, recent Resolutions have provided Member States with sweeping
authority to inspect vessels in their territorial waters and in some circumstances
interdict vessels on the high seas.
In the Iran context, under UNSC Res 1803 (2007), the Security Council authorized all States to, ‘inspect the cargoes to and from Iran, of aircraft and vessels, at
their airports and seaports, owned or operated by Iran Air Cargo and Islamic
Republic of Iran Shipping Line, provided there are reasonable grounds to believe
that the aircraft or vessel is transporting goods prohibited”.
48 This Resolution
specifically limits the authorization of such inspections to be in accordance with
‘national legal authorities and legislation and consistent with international law, in
42 UNSC Res 1718 (2006) para 8.
43 UNSC Res 1718 (2006) para 8; UNSC Res 2094 (2013), Annex IV.
44 UNSC Res 2375 (2017).
45 Id.
46 See UNSC Res 2270 (2016) para 29–30; UNSC Res 2231 (2016) para 26–28; UNSC Res 2371
(2017) para 8.
47 UNSC Res 2397 (2017) para 6.
48 UNSC Res 1803 (2007).
9 The Impact of UN Sanctions on Commercial Shipping Activities
167