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MOFCOM and GACC Announcement No.52 of 2017 on Implementation of United Nations Security Council Resolution 2375

2017-10-26 9:16:05

For the purpose of the implementation of the United Nations Security Council Resolution 2375, the following management measures are hereby taken for some products involved in the import-export trades with North Korea pursuant to the Foreign Trade Law of the People's Republic of China:

I. The import of textiles (see Appendix 1 for the product catalogue) from North Korea shall be comprehensively prohibited as of the date of the promulgation of the MOFCOM and GACC Announcement No.52 of 2017 on Implementation of United Nations Security Council Resolution 2375 (the “Announcement”). Where a written trade contract has been signed prior to the date when the resolution is adopted (September 11, exclusive) and the customs import formalities have been completed prior to 12 PM on December 10, the customs clearance may be permitted. Since 0:00 AM on December 11, the import formalities (including the commodity of which declaration has been accepted by the customs but which have not yet handled the port clearance formalities) of the aforesaid products shall no longer be handled, and the aforesaid products imported hereafter shall be handled according to the import commodity prohibited.

II. The export of condensate oil (customs code: 2709000000, excluding crude oil) and liquefied natural gas (customs code: 2711110000) to North Korea shall be prohibited. Since 0:00 AM on the date of the implementation of the Announcement, the export formalities (including the commodity of which declaration has been accepted by the customs but which have not yet handled the port clearance formalities) of the aforesaid products shall no longer be handled. The aforesaid products exported thereafter shall be handled according to the export commodity prohibited.

III. Since October 1, 2017, the export of refined petroleum products (commodities with the first four digits of the customs code of 2710, 2712 or 2713) to North Korea shall be restricted:
(I) From October 1, 2017 to December 31, 2017, the refined petroleum products exported by each member countries of the United Nations to North Korea shall not exceed 500 thousand barrels (total of 60 thousand metric tons); since January 1, 2018, the export of refined petroleum products to North Korea shall not exceed 2 million barrels (total of 240 thousand metric tons).When the export quantity is close to the upper limit thereof, the competent authorities of Chinese government will issue an announcement in accordance with the export situation, and the export of refined petroleum products to North Korea shall be prohibited in that year as of the date of the implementation of the announcement.

(II) The export of refined petroleum products to North Korea must meet the following conditions:

1. The supply, sales or transfer of refined petroleum products shall not involve the individual or entity associated with the North Korea's Nuclear Program or Ballistic Missile Program or other activities prohibited by the United Nations Security Council Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) or 2375 (2017), including the individual or entity designated, the individual or entity acting as a representative or acting as instructed, the entity directly or indirectly owned or controlled, or the individual or entity providing assistance to avoid the sanctions;

2. The supply, sales or transfer of refined petroleum products shall be only for the purpose of the people's livelihood of North Korea, and shall be irrelevant to the income creating for supporting the North Korea's Nuclear Program or Ballistic Missile Program or other activities prohibited by the Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) or 2375 (2017).

(III) The enterprise exporting refined petroleum products to North Korea must submit the letter of commitment (Appendix 2) signed by the legal representative or principal of the enterprise and sealed with official seal of the enterprise to the customs at the time of export declaration.

(IV) The aviation fuel (including aviation gasoline, naphtha-type aviation fuel, kerosene-type aviation fuel and kerosene-type rocket fuel) which has been prohibited from being exported to North Korea shall be continuously subject to MOFCOM and GACC Announcement No.11 of 2016.

The Announcement shall come into force as of September 23, 2017.

Ministry of Commerce
General Administration of Customs
September 22, 2017

 

 

 

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