UN unanimously passes tougher sanctions on North Korea

Posted on : 2013-03-08 12:12 KST Modified on : 2019-10-19 20:29 KST
Expanded measures request member states to refrain from transactions that could benefit NK weapons programs
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By Park Hyun, Washington correspondent and Park Byong-su, staff reporter

On the morning of Mar. 7 (EST), the United Nations Security Council (UNSC) unanimously adopted new sanctions that ban financial transactions with North Korea that are suspected of being linked to the development of nuclear weapons and ballistic missiles. The sanctions also make it mandatory to search vessels and aircraft associated with such activities.

Shortly before the UNSC passed resolution 2094, North Korea once again threatened to “exercise the right to launch a preemptive nuclear strike at the aggressor’s strongholds.”

The UN sanctions against North Korea come 23 days after Pyongyang conducted a third nuclear test on Feb. 12. This is the sixth resolution related to the North Korean nuclear and missile programs. The resolution invokes Article 41 of the United Nations Charter, which stipulates nonmilitary measures for preserving and restoring international peace and security and is binding on the 193 UN member states.

The UNSC resolution condemns North Korea’s nuclear test, which took place on Feb. 12. It also “Reaffirms its decision that the DPRK shall abandon all nuclear weapons and existing nuclear programs, in a complete, verifiable and irreversible manner and immediately cease all related activities.”

A key objective of the resolution is to shut down North Korea’s development of nuclear weapons and to prevent related items from entering the country through imposing financial sanctions and making it obligatory for vessels and aircrafts to be searched.

One noteworthy point is that the financial sanctions have been elaborated in considerably more detail. First of all, the resolution urges member states to ban the opening of branches of North Korean banks and the establishment of joint ventures or partnerships with domestic banks if there are any reasonable grounds for thinking that such actions could contribute to North Korea’s nuclear weapons or ballistic missile programs. For the same reason, it also forbids member states from providing export subsidies or export insurance to individuals or companies in those states who wish to trade with North Korea.

“Since the sanctions against Iran have been deemed to be effective, they followed the Iran model,” said a diplomatic source. The resolution also makes it mandatory to search the cargo of a vessel that visits North Korea if there is evidence indicating that the vessel has transported goods that fall under the import embargo.

UNSC resolution 2094 makes clear that it relies on Article 41 (Nonmilitary Measures) of Chapter VII (Action with Respect to Threats to the Peace, Breaches of the Peace and Acts of Aggression) of the UN Charter. However, the resolution does not mention Article 42 (Military Force), nor does it apply the secondary boycott, would place sanctions on companies or individuals in other companies who engage in illegal transactions with North Korea.

“These sanctions avoid comprehensive measures that would cause unnecessary pain to the citizens of North Korea,” said a diplomatic official. “The resolution is characterized by ‘smart sanctions,’ which add some punitive measures to the sanctions that are absolutely essential for limiting North Korea’s ability to develop nuclear weapons, missiles, and other weapons of mass destruction.”

The sanctions on financial transactions were also expanded and strengthened. The resolution this time does not merely freeze the assets of organizations and individuals who are subject to the sanctions, but also freezes the assets of agents who are acting on their behalf. In addition, the resolution forbids the establishment of branches or subsidiaries of North Korean financial institutions in other countries for transactions related to the nuclear or missile programs and also places a ban on offering services for financial transactions related to this.

The resolution also responds to the use of bulk cash to avoid sanctions by making regulation of such activities mandatory for the first time. UNSC Resolution 2018, which was passed last month, went no further than simply emphasizing the importance of the “catch all” clause, which provides comprehensive control of all transactions in parts and technology related to nuclear weapons and missiles. But this time, its effectiveness was dramatically strengthened by requesting member states to enforce this clause.

Resolution 2094 also calls for observation of the activity of North Korean diplomats, ordering member states to pay special attention to ensure that they are not being used as a means of evading sanctions. Along with this, an appendix was included that added two corporations and three individuals to the sanctions blacklist.

While calling for a resumption of the six-party talks and the implementation of the Sep. 19 joint agreement in order to resolve the North Korean nuclear issue, the resolution also includes a so-called “trigger clause,” which warns that harsher measures will be taken in the event that North Korea launches another rocket or carries out another nuclear weapons test.

 

Please direct questions or comments to [english@hani.co.kr]

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