F. No. 01/91/180/991/AM07/PC.III
Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade

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Udyog Bhawan, New Delhi
Dated 16th May, 2019

TRADE NOTICE No. 16/2019-20

To

1. Members of Trade

2. All Customs Commissioners

3. Federation of Indian Export Organisations, Delhi

4. Federation of Indian Chambers of Commerce and Industry (FICCI), New Delhi,

5. Indian Chemical Council, Mumbai

6. All Regional Authorities of DGFT

Subject: Prohibition on direct or indirect import and export from/to DPRK (Democratic People’s Republic of Korea) in terms of UNSC Resolutions concerning DPRK – Para 2.17 of the Foreign Trade Policy 2015-20 – regarding.

Reference is invited to the enclosed DGFT Notification No. 52/2015-20 dated 07.03.2018 wherein Para 2.17 of the Foreign Trade Policy 2015-20, on imports and exports to Democratic People’s Republic of Korea (DPRK), which was notified to implement UNSC Resolution No. 2397(2017) dated 22.12.2017 passed under Chapter VII of the Charter of the United Nations on DPRK.

2. The UNSC Resolution No. 2397(2017) reaffirms the previous DPRK-related UNSC resolutions namely, 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2231 (2016), 2356 (2017), 2371 (2017) and 2375 (2017).

3. Subsequent to the issue of DGFT Notification No. 52/2015-20 dated 07.03.2018, it has been noticed that export and import of sanctioned items from/to DPRK may have been taking place due to lack of clarity on items /HS codes covered under prohibition.

4. To facilitate the industry, the item description and corresponding HS Codes relevant to DGFT Notification No. 52/2015-20 dated 07.03.2018 is attached at Annex-I and II, purely for reference.

5. Members of trade and industry are hereby advised to adhere to the DGFT Notification No. 52/2015-20 dated 07.03.2018 and the UNSC resolutions referred to therein and Trade Notice No. 15/2019-20 dated 16.05.2019.

6. This issues with the approval of competent authority.

(Arunoday Goswami)
Joint Director General of Foreign Trade
Tele No. 23063419
e-mail : arunoday.goswami @nic.in

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Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhavan

Notification No. 52/2015-20

New Delhi, Dated: 7 March 2018

Subject: Amendment in Para 2.17 of the Foreign Trade Policy 2015-20 on “Prohibition on direct or indirect import and export from/to DPRK (Democratic People’s Republic of Korea) in terms of UNSC resolutions concerning DPRK.

S.O.(E). In exercise of the powers conferred by Section 5 and Section 14A of the Foreign Trade (Development and Regulation) Act, 1992, as amended, read with Para 1.02 of the Foreign Trade Policy (FTP) 2015-20, the Central Government hereby makes amendment to the Paragraph 2.17 of FTP 2015-20 as notified vide Notification No. 35/2015-20 dated 18th October 2017, with immediate effect. Consequently, the Appendix I of FTP 2015-20 also stands amended.

2. Paragraph 2.17 of the FTP 2015-20 stands substituted as under: (changes made are in bold letters, except bold letters used in Para heading and sub-headings).

“2.17 Prohibition on direct or indirect import and export from/to Democratic People’s Republic of Korea (DPRK)

“Prohibition on export:

(A) The direct or indirect supply, sale, transfer or export of the following items to Democratic People’s Republic of Korea (DPRK) is prohibited:-

(i) any battle tanks, armoured combat vehicles, large calibre artillery systems. combat aircraft, attack helicopters, warships, missiles or missile systems as defined for the purpose of the United Nations Register on Conventional Arms, or related materiel including spare parts;

(ii) all arms and related materiel, including small arms and light weapons and their related materiel;

(iii) all items, materials, equipment, goods and technology as set out in the United Nations Security Council (UNSC) and international Atomic Energy Agency (IAEA) documents, namely,

1. S/2006/853*;

2. S/2006/853/Corr.1;

3. Part B of S/2009/364;

4. Annex III of Resolution 2094 (2013);

5. S/2016/1069;

6. Annex A to INFCIRC/254/Rev.12/Partl (IAEA document);

7. Annex to INFCIRC/254/Rev.9/Part2 (IAEA document);

8. S/2014/253;

9. S/2016/308;

10. Annex III of Resolution 2321 (2016); and

11. other items, materials, equipment, goods and technology, as determined by the Central Government, which could contribute to DPRK’s nuclear related, ballistic missile-related or other weapons of mass destruction related programmes;

(iv) luxury goods, including, but not limited to, the items specified in Annex IV of Resolution 2094 (2013), Annex IV of Resolution 2270 (2016) and Annex IV of Resolution 2321 (2016);

(v) items as determined by the Central Government, except food or medicine, that could directly contribute to the development of the Democratic People’s Republic of Korea’s operational capabilities of its armed forces. This measure is subject to the exemptions set out in paragraph 8 (a) and (b) of Resolution 2270 (2016);

Prohibition on import

(B) The direct or indirect procurement or import from DPRK, of items, whether or not originating in DPRK, covered in sub-paragraphs (A)(i), (A)(ii), (A)(iii) and (A)(v) above is prohibited.

Sectoral prohibitions (export)

(C) The direct or indirect supply, sale, transfer or export of the following items to DPRK is prohibited:

(i) new helicopters and new or used vessels, except as approved in advance by the Committee on a case-by-case basis;

(ii) aviation fuel, including aviation gasoline, naptha-type jet fuel, kerosene-type jet fuel, and kerosene-type rocket fuel. This measure is subject to the provisions of paragraph 31 of Resolution 2270 (2016) and paragraph 20 of Resolution of 2321 (2016);

(iii) condensates and natural gas liquids;

(iv) refined petroleum products. This measure is subject to the limits, exceptions and procedures set out in paragraph 5 of Resolution 2397 (2017);

(v) crude oil. This measure is subject to the limits, exemptions and procedures set out in paragraph 4 of Resolution 2397 (2017);

(vi) all industrial machinery [Chapter 84 and 85 of ITC(HS)I, transportation vehicles [Chapter 86 to 89 of ITC(HS)j, and iron, steel, and other metals [Chapter 72 to 83 of ITC(HS)]. This measure is subject to the exemptions set out in paragraph 7 of Resolution 2397 (2017);

Sectoral prohibitions (import)

(D) The direct or indirect procurement or import from DPRK, of the following items is prohibited:

(i) coal, iron and iron ore. This measure is subject to the exemptions and procedures set out in paragraph 8 of Resolution 2371 (2017);

(ii) gold, titanium ore, vanadium ore, and rare earth minerals;

(iii) copper, nickel, silver and zinc;

(iv) statues, unless the Committee approves on a case-by-case basis in advance;

(v) seafood (including fish, crustaceans, mollusks, and other aquatic invertebrates in all forms). This measure is subject to the exemptions, clarifications and procedures set out in paragraph 9 of Resolution 2371 (2017) and paragraph 6 of Resolution 2397 (2017);

(vi) lead and lead ore. This measure is subject to the exemptions and procedures set out in paragraph 10 of Resolution 2371 (2017);

(vii) textiles (including but not limited to fabrics and partially or fully completed apparel products). This measure is subject to the exemptions and procedures set out in paragraph 16 of Resolution 2375 (2017);

(viii) food and agricultural products [Chapters 12, 08, 07 of ITC(HS)], machinery [Chapter 84 of ITC(HS)], electrical equipment [Chapter 85 of ITC(HS)], earth and stone including magnesite and magnesia (Chapter 25 of irrc(Hs)i, wood [Chapter 44 of ITC(HS)], and vessels [Chapter 89 of ITC(HS)(. These measures are subject to the procedures set out in paragraph 6 of Resolution 2397(2017).

Explanation.

a) UNSC means the United Nations Security Council;

b) IAEA means the International Atomic Energy Agency;

c) Committee means the Committee of the UNSC set up in terms of paragraph 12 of Resolution 1718 (2006);

d) Resolution, as the case may be, means the UNSC Resolutions under Chapter VII of the Charter of the United Nations on Democratic People’s Republic of Korea, namely, 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2231 (2016), 2356 (2017), 2371 (2017), 2375 (2017) and 2397(2017)”.

3. Effect of the Notification

This Notification seeks to update the Para 2.17 of the Foreign Trade Policy 2015-20, on imports and exports to Democratic People’s Republic of Korea (DPRK), to account for UNSC Resolutions under Chapter VII of the Charter of the United Nations Democratic People’s Republic of Korea, namely, 1718 (2006), 1874 (2009), 2087 (2013), 2694 (2013), 2270 (2016), 2231 (2016), 2356 (2017), 2371 (2017), 2375 (2017) and 2397(2017).

(Alok Vardhan Chaturvedi)
Director General of Foreign Trade
E-mail: dgft@nic.in

(Issued from F.No.01/91 /180/991/AM07/PC-III/EC)

Annexure-I

HS Codes for UNSC Resolutions 2270 (2016) and 2321(2016)

HS Codes Description Resolutions 2270 and 2321
Coal 2701 Coal; briquettes, ovoids and similar solid fuels manufactured from coal Para 26 of Res. 2321 applies cap on exports and conditions for procurements under the cap. Livelihood exemption remains for Iron and Iron ore
Iron Ore 2601 Iron Chapter 72 Iron and Steel 7301-7326 products Iron ores and concentrates, including roasted iron pyrites

Iron and steel products (7201-7229)

Iron and steel products

Gold

261690

7108

710811

710812

710813

710820

Gold ores and concentrates

Gold (including gold plated with platinum) unwrought or in semi-manufactured forms, or in powder form

Gold Powder

Gold in Other Unwrought Forms

Gold in Other Semi-manufactured Forms

Monetary Gold

All exports from DPRK prohibited
Titanium 2614 Titanium ores and concentrates
Vanadium 2615 Vanadium ores and concentrates
Rare Earth Minerals

2612

2617

2805

2844

Uranium or thorium ores and concentrates [261210 and 261220]

Other Ores and concentrates

[261790 – Other Ores and Concentrates]

Alkali metals etc, rare-earth metals etc, mercury

Radioactive chemical elements & isotopes etc

Copper

7401-7419

2603

Copper ores and concentrates New minerals added in para 28 of resolution 2321 (2016)
Zinc

7901-7907

2608

Zinc ores and concentrates
Nickel 7501-7508

2604

Silver 7106, 7107

7114

Nickel ores and concentrates

Silver ores and concentrates

Articles of goldsmiths or silversmiths’wares or parts thereof, of silver, whether or not plated or clad with other precious metal

Annexure-II

Harmonized System Codes for all sectoral bans in UNSC Resolutions 2270 (2016), 2321 (2016), 2371(2017), 2375 (2017) and 2397 (2017)

Table 1: HS codes for Sectoral Bans on Imports from the DPRK

Item HS Codes Description Resolutions
Coal 2701 Coal; briquettes, ovoids and similar solid fuels manufactured from coal Para. 8 of

res 2371(2017)

2702 Lignite, whether or not agglomerated, excluding jet coal
2703 Peat (including peat litter), whether or not agglomerated
2704 Coke and semi-coke of coal, of lignite or of peat, whether or not agglomerated; retort carbon
Iron Ore 2601 Iron ores and concentrates, including roasted iron pyrites
Iron Chapter 72 Iron and steel products (7201-7229)
Iron and Steel products Chapter 73 Iron and steel products (7301-7326)
Gold 261690 Gold ores and concentrates Para. 30 of res 2270

(2016)

7108 Gold (incl. put plated), unwrought, semi- manufactured forms or powder
710811 Gold Powder, Unwrought
710812 Gold in Other Unwrought Forms
710813 Gold in Other Semi-manufactured Forms
710820 Monetary Gold
Titanium 2614 Titanium ores and concentrates
Vanadium 2615 Vanadium ores and concentrates
Rare Earth
Minerals
2612 Uranium or thorium ores and concentrates [261210 and 261220]
2617 ores and concentrates, [Nesoi code 261790 – Other Ores and Concentrates]
2805 alkali metals etc., rare-earth metals etc., mercury
2844 radioactive chemical elements & isotopes etc.
Copper Chapter 74 Copper and articles thereof (7401-7419) Para. 28 of res 2321 (2016)
2603 Copper ores and concentrates
Zinc Chapter 79 Zinc and articles thereof (7901-7907)
2608 Zinc ores and concentrates
Nickel Chapter 75 Nickel and articles thereof (7501-7508)
2604 Nickel ores and concentrates
Silver 2616100

7106, 7107

Silver ores and concentrates Silver unwrought or semi manufactured forms, or in powdered forms; base metals clad with silver, not further worked than semi-manufactured
7114 articles of goldsmiths or silversmiths’ wares or parts thereof, of silver, whether or not plated or clad with other precious metal
Seafood (incl fish, crustaceans, molluscs, and other aquatic invertebrates in all forms) Chapter 3 Fish and Crustaceans, Molluscs and other Aquatic Invertebrates (0301-0308) Para. 9 of

res 2371(2017)

1603 Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates)
1604 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs
1605 Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved
Lead Chapter 78 Lead and articles thereof (7801-7806)
1 Lead ore 2607 Lead ores and concentrates Para. 10 of res 2371 (2017)
Condensates and natural gas liquids 2709 Oils; petroleum oils and oils obtained from bituminous minerals Para. 13 of res 2375 (2017)
2711 Petroleum gases and other gaseous hydrocarbons
Refined petroleum products 2710 Petroleum oils and oils from bituminous minerals, not crude; preparations n.e.c, containing by weight 70% or more of petroleum oils or oils from bituminous

minerals; these being the basic constituents of the preparations; waste oils

Para. 14 of res 2375

(2017)

2712 Petroleum jelly; paraffin wax, micro-crystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, similar products obtained by synthesis, other processes; coloured or not.
2713 Petroleum coke, petroleum bitumen; other residues of petroleum oils or oils obtained from bituminous minerals.
Crude Oil 2709 Oils; petroleum oils and oils obtained from bituminous minerals, crude Para. 15 of

res 2375 –

(2017)

Textiles (including but not limited to fabrics and partially or fully completed apparel products) Chapters 50 – 63 Para. 16 of res 2375
50 (2017) Silk, including yarns and woven fabrics thereof
51 Wool And Fine Or Coarse Animal Hair, Including Yarns And Woven Fabrics Thereof; Horsehair Yarn And Woven Fabric
52 Cotton, Including Yarns And Woven Fabrics Thereof
53 Vegetable Textile Fibers Nesoi; Yarns And Woven Fabrics Of Vegetable Textile Fibers Nesoi And Paper
54 Manmade Filaments, Including Yarns And Woven Fabrics Thereof
55 Manmade Staple Fibers, Including Yarns And Woven Fabrics Thereof
56 Wadding, Felt And Nonwovens; Special Yarns; Twine, Cordage, Ropes And Cables And Articles Thereof
57 Carpets And Other Textile Floor Covering
58 Fabrics; special woven fabrics, tufted textile fabrics, lace, tapestries, trimmings, embroidery
59 Textile fabrics; impregnated, coated, covered or laminated; textile articles of a kind suitable for industrial use;
61 Apparel and clothing accessories; knitted or crocheted;
62 Apparel and clothing accessories; not knitted or crocheted;
63 Textiles, made up articles; sets; worn clothing and worn textile articles; rags
Agricultural products 07 Vegetables and certain roots and tubers; edible Para. 6 of

res. 2397(2017)

08 Fruit and nuts, edible; peel of citrus fruit or melons
12 Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit, industrial or medicinal plants; straw and fodder
Machinery 84 Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof Para. 6 of

res. 2397(2017)

Electrical equipment 85 Electrical machinery and equipment and parts thereof; sound recorders and reproducers; television image and sound recorders and reproducers, parts and accessories of such articles
Earth and stone including magnesite and magnesia 25 Salt; sulphur; earths, stone; plastering materials, lime and cement
Wood 44 Wood and articles of wood; wood charcoal
Vessels 89 Ships, boats and floating structures

Table 2: Harmonized System Codes for Sectoral Bans on Exports to the DPRK according to paragraph 7 of UNSC Resolution 2397 (2017)

Item HS Codes Description Resolutions
Industrial
Machinery
Chapters 84 Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof Para. 7 of res. 2397(2017)
85 Electrical machinery and equipment and parts thereof; sound recorders and reproducers; television image and sound recorders and reproducers, parts and accessories of such articles
Transportatio n vehicles 86 Railway, tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro- mechanical) traffic signaling equipment of all kinds Para. 7 of res. 2397(2017)
89 Ships, boats and floating structures
Iron,

steel and
other
metals

Chapters 72 – 83 Para. 7 of

res. 2397

72 (2017) Iron and steel
73 Articles of iron or steel
74 Copper and articles thereof
75 Nickel and articles thereof
76 Aluminum and articles thereof
77 Reserved for possible future use
78 Lead and articles thereof
79 Zinc and articles thereof
80 Tin and articles thereof
81 Other base metals; cermets; articles thereof
82 Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal
83 Miscellaneous articles of base metal

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