DPRK RESOLUTION – NUCLEAR TEST
Recalling its previous relevant
resolutions, including resolution 825 (1993), resolution 1695 (2006),
resolution 1718 (2006), resolution 1874 (2009), resolution 1887 (2009),
resolution 2087 (2013), resolution 2094 (2013), resolution 2270 (2016), resolution
2321 (2016), resolution 2356 (2017), resolution 2371 (2017) as well as the statements
of its President of 6 October 2006 (S/PRST/2006/41), 13 April 2009
(S/PRST/2009/7), 16 April 2012 (S/PRST/2012/13), and 29 August 2017
(S/PRST/2017/16),
Reaffirming that proliferation of
nuclear, chemical and biological weapons, as well as their means of delivery,
constitutes a threat to international peace and security,
Expressing its
gravest concern at the nuclear test by the Democratic People’s Republic of
Korea (“the DPRK”) on September 2, 2017 in violation of resolutions 1718
(2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) 2321 (2016), 2356
(2017), and 2371 (2017) and at the challenge such a test constitutes to the
Treaty on Non-Proliferation of Nuclear Weapons (“the NPT”) and to international
efforts aimed at strengthening the global regime of non-proliferation of
nuclear weapons, and the danger it poses to peace and stability in the region
and beyond,
Underlining once
again the importance that the DPRK respond to other security and humanitarian
concerns of the international community and expressing great concern
that the DPRK continues to develop nuclear weapons and ballistic missiles by
diverting critically needed resources away from the people in the DPRK who have
great unmet needs,
Expressing its gravest concern that
the DPRK's ongoing nuclear- and ballistic missile-related activities have destabilized
the region and beyond, and determining that there continues to exist a
clear threat to international peace and security,
Underscoring its
concern that developments on the Korean Peninsula could have dangerous,
large-scale regional security implications,
Underscoring
its
commitment to the sovereignty, territorial integrity, and political
independence of all States in accordance with the Charter, and recalling the purposes and principles of
the Charter of the United Nations,
Expressing
also
its desire for a peaceful and diplomatic solution to the situation, and reiterating its welcoming of efforts by Council members as well as
other Member States to facilitate a peaceful and comprehensive solution through
dialogue,
Underlining the
need to ensure international peace and security, and ensure lasting stability in
north-east Asia at large and to resolve the situation through peaceful,
diplomatic and political means,
Acting under Chapter VII of the
Charter of the United Nations, and taking measures under its Article 41,
1. Condemns in the strongest terms the nuclear test conducted
by the DPRK on September 2 of 2017 in violation and flagrant disregard of the
Security Council's resolutions;
2. Reaffirms its
decisions that the DPRK shall not conduct any further launches that use
ballistic missile technology, nuclear tests, or any other provocation; shall immediately
suspend all activities related to its ballistic missile program and in this
context re-establish its pre-existing commitments to a moratorium on all missile
launches; shall immediately abandon all nuclear weapons and existing nuclear
programs in a complete, verifiable and irreversible manner, and immediately
cease all related activities; and shall abandon any other existing weapons of
mass destruction and ballistic missile programs in a complete, verifiable and
irreversible manner;
Designations
3. Decides that the measures
specified in paragraph 8(d) of resolution 1718 (2006) shall apply also to the
individual and entities listed in Annex I and II of this resolution and to any
individuals or entities acting on their behalf or at their direction, and to
entities owned or controlled by them, including through illicit means, and decides
further that
the measures specified in paragraph 8(e) of resolution 1718 (2006) shall also
apply to the individual listed in Annex I of this resolution and to individuals
acting on their behalf or at their direction;
4. Decides to adjust the measures
imposed by paragraph 8 of resolution 1718 (2006) through the designation of
additional WMD-related dual-use items, materials, equipment, goods, and
technology, directs the Committee to
undertake its tasks to this effect and to report to the Security Council within
fifteen days of adoption of this resolution, and further decides that, if the Committee has not acted, then the
Security Council will complete action to adjust the measures within seven days
of receiving that report, and directs
the Committee to regularly update this list every twelve months;
5. Decides to adjust the measures
imposed by paragraph 8(a), 8 (b) and 8(c) of resolution 1718 (2006) through the
designation of additional conventional arms-related items, materials, equipment,
goods, and technology, directs the
Committee to undertake its tasks to this effect and to report to the Security
Council within fifteen days of adoption of this resolution, and further decides that, if the Committee
has not acted, then the Security Council will complete action to adjust the
measures within seven days of receiving that report, and directs the Committee to regularly update this list every twelve
months;
6. Decides to apply the measures
imposed by paragraph 6 of resolution 2371 (2016) on vessels transporting
prohibited items from the DPRK, directs
the Committee to designate these vessels and to report to the Security Council
within fifteen days of adoption of this resolution, further decides that, if the Committee has not acted, then the
Security Council will complete action to adjust the measures within seven days
of receiving that report, and directs
the Committee to regularly update this list when it is informed of additional
violations;
Maritime Interdiction of Cargo
Vessels
7. Calls upon all
Member States to inspect vessels with the consent of the flag State, on the
high seas, if they have information that provides reasonable grounds to believe
that the cargo of such vessels contains items the supply, sale, transfer or
export of which is prohibited by resolutions 1718 (2006), 1874 (2009), 2087
(2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) or this
resolution, for the purpose of ensuring strict implementation of those
provisions;
8. Calls upon all States to cooperate with inspections pursuant to paragraph
7 above, and, if the flag State does not consent to inspection on the high
seas, decides that the flag State
shall direct the vessel to proceed to an appropriate and convenient port for
the required inspection by the local authorities pursuant to paragraph 18 of
resolution 2270 (2016), and decides
further that, if a flag State neither consents to inspection on the high
seas nor directs the vessel to proceed to an appropriate and convenient port
for the required inspection, or if the vessel refuses to comply with flag State
direction to permit inspection on the high seas or to proceed to such a port,
then the Committee shall consider designating the vessel for the measures
imposed in paragraph 8(d) of resolution 1718 (2006) and paragraph 12 of
resolution 2321 (2016) and the flag State shall immediately deregister that
vessel provided that such designation has been made by the Committee;
9. Requires any Member State, when
it does not receive the cooperation of a flag State of a vessel pursuant to
paragraph 8 above, to submit promptly to the Committee a report containing
relevant details regarding the incident, the vessel and the flag State, and requests the Committee to release on a
regular basis information regarding these vessels and flag States involved;
10. Affirms that
paragraph 7 contemplates only inspections carried out by warships and other
ships or aircraft clearly marked and identifiable as being on government
service and authorized to that effect, and underscores that it does not
apply with respect to inspection of vessels entitled to sovereign immunity
under international law;
11. Decides that all Member State
shall prohibit their nationals, persons subject to their jurisdiction, entities
incorporated in their territory or subject to their jurisdiction, and vessels
flying their flag, from facilitating or engaging in ship-to-ship transfers to
or from DPRK-flagged vessels of any goods or items that are being supplied,
sold, or transferred to or from the DPRK;
12. Affirms that paragraphs 7, 8 and 9 apply only with respect to the
situation in the DPRK and shall not affect the rights, obligations, or
responsibilities of Member States under international law, including any rights
or obligations under the United Nations Convention on the Law of the Sea of 10
December 1982, with respect to any other situation and underscores in particular that this resolution shall not be
considered as establishing customary international law;
Sectoral
13. Decides that all Member States
shall prohibit the direct or indirect supply, sale or transfer to the DPRK,
through their territories or by their nationals, or using their flag vessels or
aircraft, and whether or not originating in their territories, of all condensates
and natural gas liquids, and decides that
the DPRK shall not procure such materials;
14. Decides that all Member States
shall prohibit the direct or indirect supply, sale or transfer to the DPRK,
through their territories or by their nationals, or using their flag vessels or
aircraft, and whether or not originating in their territories, of all refined
petroleum products, decides that the
DPRK shall not procure such products, decides
that this provision shall not apply with respect to procurement by the DPRK or the
direct or indirect supply, sale or transfer to the DPRK, through their
territories or by their nationals, or using their flag vessels or aircraft, and
whether or not originating in their territories, of refined petroleum products
in the amount of up to 500,000 barrels during an initial period of three months
beginning on 1 October 2017 and ending on 31 December 2017, and refined
petroleum products in the amount of up to 2,000,000 barrels per year during a
period of twelve months beginning on 1 January 2018 and annually thereafter,
provided that (a) the Member State notifies the Committee every thirty days of
the amount of such supply, sale, or transfer to the DPRK of refined petroleum
products along with information about all the parties to the transaction, (b)
the supply, sale, or transfer of refined
petroleum products involve no individuals or entities that are associated with
the DPRK’s nuclear or ballistic missile programmes or other activities
prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013),
2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) or this resolution,
including designated individuals or entities, or individuals or entities acting
on their behalf or at their direction, or entities owned or controlled by them,
directly or indirectly, or individuals or entities assisting in the evasion of
sanctions, and (c) the supply, sale, or transfer of refined petroleum products are
exclusively for livelihood purposes of DPRK nationals and unrelated to
generating revenue for the DPRK’s nuclear or ballistic missile programmes or
other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087
(2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) or this
resolution, directs the Committee Secretary to notify all Member
States when an aggregate amount of refined petroleum products sold, supplied,
or transferred to the DPRK of 75 per cent of the aggregate amount for the
period between 1 October 2017 and 31 December 2017 has been reached, and again
notify all Member States when 90 percent and 95 percent of such aggregate
amount has been reached, directs
the Committee Secretary beginning on 1 January 2018 to notify all Member States
when an aggregate amount of refined petroleum products sold, supplied, or
transferred to the DPRK of 75 per cent of the aggregate yearly amounts have
been reached, also directs the
Committee Secretary beginning on 1 January 2018 to notify all Member States
when an aggregate amount of refined petroleum products sold, supplied, or
transferred to the DPRK of 90 per cent of the aggregate yearly amounts have
been reached, and further directs the
Committee Secretary beginning on 1 January 2018 to notify all Member States
when an aggregate amount of refined petroleum products sold, supplied, or
transferred to the DPRK of 95 per cent of the aggregate yearly amounts have been
reached and to inform them that they must immediately cease selling, supplying,
or transferring refined petroleum products to the DPRK for the remainder of the
year, directs the Committee to make
publicly available on its website the total amount of refined petroleum
products sold, supplied, or transferred to the DPRK by month and by source
country, directs the Committee to
update this information on a real-time basis as it receives notifications from
Member States, calls upon all Member
States to regularly review this website to comply with the annual limits for
refined petroleum products established by this provision, directs the Panel of Experts to closely monitor the implementation
efforts of all Member States to provide assistance and ensure full and global
compliance, and requests the
Secretary General to make the necessary arrangements to this effect and provide
additional resources in this regard;
15. Decides that all Member States
shall not supply, sell, or transfer to the DPRK in any period of twelve months
after the date of adoption of this resolution an amount of crude oil that is in
excess of the amount that the Member State supplied, sold or transferred in the
period of twelve months prior to adoption of this resolution, unless the
Committee approves in advance on a case-by-case basis a shipment of crude oil is
exclusively for livelihood purposes of DPRK nationals and unrelated to the
DPRK’s nuclear or ballistic missile programmes or other activities prohibited
by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016),
2321 (2016), 2356 (2017), 2371 (2017) or this resolution;
16. Decides that the DPRK shall not
supply, sell or transfer, directly or indirectly, from its territory or by its
nationals or using its flag vessels or aircraft, textiles (including but not
limited to fabrics and partially or fully completed apparel products), and that
all States shall prohibit the procurement of such items from the DPRK by their
nationals, or using their flag vessels or aircraft, whether or not originating
in the territory of the DPRK, unless the Committee approves on a case-by-case
basis in advance, and further decides
that for such sales, supplies, and transfers of textiles (including but not
limited to fabrics and partially or fully completed apparel products) for which
written contracts have been finalized prior to the adoption of this resolution,
all States may allow those shipments to be imported into their territories up
to 90 days from the date of adoption of this resolution with notification
provided to the Committee containing details on those imports by no later than 135
days after the date of adoption of this resolution;
17. Decides that
all Member States shall not provide work authorizations for DPRK nationals in
their jurisdictions in connection with admission to their territories unless
the Committee determines on a case-by-case basis in advance that employment of
DPRK nationals in a member state’s jurisdiction is required for the delivery of
humanitarian assistance, denuclearization or any other purpose consistent with
the objectives of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094
(2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), or this resolution,
and decides that this provision shall
not apply with respect to work authorizations for which written contracts have
been finalized prior to the adoption of this resolution;
Joint Ventures
18. Decides that States shall prohibit, by their
nationals or in their territories, the opening, maintenance, and operation of all
joint ventures or cooperative entities, new and existing, with DPRK entities or
individuals, whether or not acting for or on behalf of the government of the
DPRK, unless such joint ventures or cooperative entities, in particular those
that are non-commercial, public utility infrastructure projects not generating
profit, have been approved by the Committee in advance on a case-by-case basis,
further decides that States shall close any such existing joint venture or
cooperative entity within 120 days of the adoption of this resolution if such
joint venture or cooperative entity has not been approved by the Committee on a
case-by-case basis, and States shall close any such existing joint venture or
cooperative entity within 120 days after the Committee has denied a request for
approval, and decides that this
provision shall not apply with respect to existing China-DPRK hydroelectric power
infrastructure projects and the Russia-DPRK Rajin-Khasan port and rail project
solely to export Russia-origin coal as permitted by paragraph 8 of resolution
2371 (2017);
Sanctions
Implementation
19. Decides
that Member States shall report to
the Security Council within ninety days of the adoption of this resolution, and
thereafter upon request by the Committee, on concrete measures they have taken
in order to implement effectively the provisions of this resolution, requests
the Panel of Experts, in cooperation with other UN sanctions monitoring
groups, to continue its efforts to assist Member States in preparing and
submitting such reports in a timely manner;
20. Calls
upon all Member States to redouble
efforts to implement in full the measures in resolutions 1718 (2006), 1874
(2009), 2087 (2013), 2094 (2013) 2270 (2016), 2321 (2016), 2356 (2017), 2371
(2017), and this resolution and to cooperate with each other in doing so,
particularly with respect to inspecting, detecting and seizing items the
transfer of which is prohibited by these resolutions;
21. Decides
that
the mandate of the Committee, as set out in paragraph 12 of resolution 1718
(2006), shall apply with respect to the measures imposed in this resolution and
further decides that the mandate of
the Panel of Experts, as specified in paragraph 26 of resolution 1874 (2009)
and modified in paragraph 1 of resolution 2345 (2017), shall also apply with
respect to the measures imposed in this resolution;
22. Decides to authorize all Member
States to, and that all Member States shall, seize and dispose (such as through destruction, rendering inoperable or
unusable, storage, or transferring to a State other than the originating or
destination States for disposal) of
items the supply, sale, transfer, or export of which is prohibited by
resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016),
2321 (2016), 2356 (2017), 2371 (2017), or this resolution that are identified
in inspections, in a manner that is not inconsistent with their obligations
under applicable Security Council resolutions, including resolution 1540
(2004), as well as any obligations of parties to the NPT, the Convention on the
Prohibition of the Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Development of 29 April 1997, and the Convention on the
Prohibition of the Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on Their Destruction of 10 April 1972;
23. Emphasizes the
importance of all States, including the DPRK, taking the necessary measures to
ensure that no claim shall lie at the instance of the DPRK, or of any person or
entity in the DPRK, or of persons or entities designated for measures set forth
in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016),
2321 (2016), 2356 (2017), 2371 (2017), or this resolution, or any person
claiming through or for the benefit of any such person or entity, in connection
with any contract or other transaction where its performance was prevented by
reason of the measures imposed by this resolution or previous resolutions;
Political
24. Reiterates
its
deep concern at the grave hardship that the people in the DPRK are subjected
to, condemns the DPRK for pursuing nuclear weapons and ballistic
missiles instead of the welfare of its people while people in the DPRK have
great unmet needs, and emphasizes the necessity of the DPRK respecting
and ensuring the welfare and inherent dignity of people in the DPRK;
25. Regrets
the DPRK’s massive diversion of its scarce
resources toward its development of nuclear weapons and a number of expensive
ballistic missile programs, notes the findings of the United Nations
Office for the Coordination of Humanitarian Assistance that well over half of
the people in the DPRK suffer from major insecurities in food and medical care,
including a very large number of pregnant and lactating women and under -five
children who are at risk of malnutrition and nearly a quarter of its total population
suffering from chronic malnutrition, and, in this context, expresses
deep concern at the grave hardship to which the people in the DPRK are
subjected;
26. Reaffirms
that
the measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094
(2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) and this resolution
are not intended to have adverse humanitarian consequences for the civilian
population of the DPRK or to affect negatively or restrict those activities,
including economic activities and cooperation, food aid and humanitarian
assistance, that are not prohibited by resolutions 1718 (2006), 1874 (2009),
2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017)
and this resolution, and the work of international and non-governmental
organizations carrying out assistance and relief activities in the DPRK for the
benefit of the civilian population of the DPRK and decides that the
Committee may, on a case-by-case basis, exempt any activity from the measures
imposed by these resolutions if the committee determines that such an exemption
is necessary to facilitate the work of such organizations in the DPRK or for
any other purpose consistent with the objectives of these resolutions;
27. Emphasizes that
all Member States should comply with the provisions of paragraphs 8 (a) (iii)
and 8 (d) of resolution 1718 (2006) without prejudice to the activities of the
diplomatic missions in the DPRK pursuant to the Vienna Convention on Diplomatic
Relations;
28. Reaffirms
its
support for the Six Party Talks, calls for their resumption, and reiterates
its support for the commitments set forth in the Joint Statement of 19
September 2005 issued by China, the DPRK, Japan, the Republic of Korea, the
Russian Federation, and the United States, including that the goal of the
Six-Party Talks is the verifiable denuclearization of the Korean Peninsula in a
peaceful manner, that the United States and the DPRK undertook to respect each
other ’s sovereignty and exist peacefully together, that the Six Parties
undertook to promote economic cooperation, and all other relevant commitments;
29. Reiterates
the
importance of maintaining peace and stability on the Korean Peninsula and in
north-east Asia at large, expresses its commitment to a peaceful,
diplomatic, and political solution to the situation, and welcomes efforts by the Council members as well as other States to
facilitate a peaceful and comprehensive solution through dialogue and stresses
the importance of working to reduce tensions in the Korean Peninsula and
beyond;
30. Urges further work to reduce
tensions so as to advance the prospects for a comprehensive settlement;
31. Underscores the
imperative of achieving the goal of complete, verifiable and irreversible
denuclearization of the Korean Peninsula in a peaceful manner;
32. Affirms
that
it shall keep the DPRK’s actions under continuous review and is prepared to
strengthen, modify, suspend or lift the measures as may be needed in light of
the DPRK’s compliance, and, in this regard, expresses its determination to
take further significant measures in the event of a further DPRK nuclear test
or launch;
33. Decides to remain seized of the matter.
Annex I
Travel Ban/Asset Freeze (Individuals)
- PAK YONG SIK
- Description:
Pak Yong Sik is a member of the Workers’ Party of Korea Central Military
Commission, which is responsible for the development and implementation
of the Workers’ Party of Korea military policies, commands and controls
the DPRK’s military, and helps direct the country’s military defense
industries.
- AKA:
n/a
- Identifiers:
YOB: 1950; Nationality: DPRK
·
Annex II
Asset Freeze (Entities)
1. CENTRAL
MILITARY COMMISSION OF THE WORKERS’ PARTY OF KOREA (CMC)
a. Description: The
Central Military Commission is responsible for the development and
implementation of the Workers’ Party of Korea’s military policies, commands and
controls the DPRK’s military, and directs the country’s military defense
industries in coordination with the State Affairs Commission.
b. AKA: n/a
- Location:
Pyongyang, DPRK
2. ORGANIZATION
AND GUIDANCE DEPARTMENT (OGD)
a. Description: The
Organization and Guidance Department is a very powerful body of the Worker’s
Party of Korea. It directs key personnel appointments for the Workers’ Party of
Korea, the DPRK’s military, and the DPRK’s government administration. It
also purports to control the political affairs of all of the DPRK and is
instrumental in implementing the DPRK’s censorship policies.
b. AKA: N/A
c. Location: DPRK
3. PROPAGANDA AND AGITATION DEPARTMENT
(PAD)
a. Description:
The Propaganda and Agitation Department has full control over the media,
which it uses as a tool to control the public on behalf of the DPRK leadership.
The Propaganda and Agitation Department also engages in or is responsible for
censorship by the Government of the DPRK, including newspaper and broadcast
censorship.
b. AKA: N/A
c. Location:
Pyongyang, DPRK