[News Analysis] Concerns persist over whether inter-Korean exchanges violate UN sanctions

Posted on : 2018-01-30 17:42 KST Modified on : 2019-10-19 20:29 KST
South Korean government has continued to insist that all events will accord with international law
A 12-member South Korean preliminary review team led by Lee Joo-tae (fifth from left)
A 12-member South Korean preliminary review team led by Lee Joo-tae (fifth from left)

Questions about possible violations of North Korea sanctions continue to plague the lead-up to the Pyeongchang Winter Olympics. Early issues surrounding support for the visiting North Korean delegation have since died down with the decision to have the members arrive over land for their South Korea visit. Now the focus is on whether upcoming inter-Korean exchange events for the Olympics are in violation of sanctions.

The South Korean government stressed that it would “ensure there are no issues related to sanctions.” But at 10:10 pm on Jan. 29, North Korea announced that it was abruptly canceling an inter-Korean cultural event at Mt. Kumgang, accusing the South Korean press of “continuing to propagate public opinion that is insulting to the sincere measures adopted by North Korea.”

For now, South Korean skiers participating in joint training at Masikryong Ski Resort in North Korea are scheduled to arrive at Kalma Airport in Wonsan, Kangwon Province, via a charter flight provided by the South Korean government. The government’s plans were confirmed at a regular Ministry of Unification briefing on the morning of Jan. 29. When asked whether aircraft stopping in North Korea were not subject to US sanctions, ministry spokesperson Baik Tae-hyun said Seoul was in “close discussions with the US and the rest of the international community to ensure there are no issues with sanctions in relation to inter-Korean events.”

Neither UN Security Council resolutions nor South Korean government sanctions against North Korea contain any provisions barring South Korean aircraft from stopping in North Korea. But Executive Order 13810 issued last September by US President Donald Trump states that planes stopping in North Korea are barred from landing in the US for a period of 180 days.

“The sanctions on aircraft are not sanctions on the airline, but sanctions on the flight number of the aircraft [visiting North Korea],” a South Korean government source explained, suggesting there should be no problems as long as the specific charter aircraft used to visit North Korea does not travel to the US.

Observers previously suggested that any airspace or airport usage fees paid in cash to North Korea for the use of Kalma Airport by South Korean aircraft may be in violation of UNSC resolutions. In his remarks on Jan. 29, Baik attempted to contain the controversy.

“The North is providing various conveniences, including the use of its airport. We are not paying any separate airport usage or airspace passage fees,” he said.

Also a topic of controversy were government plans to transport around 10,000 liters (63 barrels) of diesel fuel to North Korea for an inter-Korean cultural event – which was cancelled by North Korea in a notification sent through the Panmunjeom liaison line on the evening of Jan. 29 – that had been scheduled to take place in early February. Seoul reportedly planned to supply electricity with the use of a generator built at Mt. Kumgang by Hyundai Asan. UNSC Resolution 2397 adopted in December restricts refined oil supplies to North Korea to 500,000 barrels a year.

Since the volume of diesel was not large, the government determined there would be no major issues if it reported the delivery to the UN North Korea sanctions committee according to normal procedures.

“We aren’t giving [the diesel] to North Korea, and whatever is left over will be taken back,” a government source said, indicating there would be no risk of violating US sanctions.

By Jung In-hwan and Kim Ji-eun, staff reporters

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

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