Export/Import of All Goods Contributing to/from North Korea's Weapons & Nuclear Programs Prohibited
Government has issued a notification amending the provisions of Foreign Trade Policy 2009-14 to prohibit export/import of all goods contributing to North Korea's weapons related and nuclear related programs. Paragraph 2.1.2 of the FTP 2009-14 is substituted with the following provision:
“Direct or indirect export and import of following items, whether or not originating in Democratic People's Republic of Korea (DPRK), to / from, DPRK is prohibited:
All items, materials equipment, goods and technology including as set out in lists in documents S/2006/814, S/2006/815 (including S/2009/205), S/2009/364 and S/2006/853 (United Nations Security Council Documents) INFCIRC/254/Rev.9/Part1a and INFCIRC/254/ Rev.7/Part 2a (IAEA documents) which could contribute to DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes.”
Prior to the issue of this notification, the said provision read as follows:
“2.1.2 Direct or indirect export and import of following items, whether or not originating in Democratic People's Republic of Korea (DPRK), to / from, DPRK is prohibited:
All items, materials equipment, goods and technology including as set out in lists in documents S/2006/814, S/2006/815 and S/2006/853(United Nations Security Council Documents) which could contribute to DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes.”
It may be noted that the U N Security Council document S/2009/205 is a letter dated April 14, 2009 from the Sanctions Committee of the U N Security Council on North Korea updating list of items, equipments, goods and technology prohibited from being imported or exported from North Korea. Similarly the U N Security Council document S/2009/364 is a document dated July 16, 2009 which updated designated entities, materials and individuals subjected to the Sanctions of U N Security Council.
Further the lnformation Circulars INFCIRC/254/Rev.9/Part 1a and INFCIRC/254/Rev.7/Part 2a from the International Atomic Energy Agency are dated November 7, 2007 and March 20, 2006. It may be noted that Paragraph 23 of U N Security Council Resolution 1874 obliges all States (Nations) to prohibit the supply, sale or transfer to North Korea, and procurement from North Korea of goods listed as per these IAEA documents.
Ironically, our FTP did not contain any references to these IAEA Circulars or the new letters from the Sanctions Committee of the U N Security Council from the dates from which these letters became operative. Now the DGFT has ‘ substituted ' the relevant provision in the FTP to incorporate references to these documents of IAEA and Sanctions Committee of the U N Security Council.
What will be the status of the imports/exports of prohibited materials/goods, which were actually barred by these documents during the intervening period? In the absence of any reference to these documents, if any imports/exports of these prohibited goods are undertaken by India to North Korea will it not amount to violating the sanctions imposed by the United Nations? Is the DGFT attempting to give the FTP amendment a retrospective effect by making a substitution of the relevant provision to cover up this glaring lacuna?
DGFT NOTIFICATION NO. 17/2009-2014, Dated: October 27, 2009