The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2012

means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;

means a destination to which the exportation or carriage of the goods is—

means any form of assistance, including advice, training, technical assistance, financing or financial assistance, investment services, brokering services or other services, and the transfer of financial resources and services;

means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;

means— (a) a commissioned naval or military officer, (b) a police or customs officer, or (c) a person authorised by the Governor for the purposes of this Schedule, whether generally or in a particular case;

means items listed in Annex Ie to the Council Regulation;

means— (a) the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology or of financial and technical services, including from a third country to any other third country, or (b) the selling or buying of goods and technology or of financial and technical services, including where they are located in third countries for their transfer to another third country;

means the holder of a licence to operate a casino in the Territory;

means items listed in Annex Id to the Council Regulation;

means items listed in Annex XIc of the Council Regulation;

means items listed in Annex Ih to the Council Regulation;

means items listed in Annex XIe of the Council Regulation;

means—

means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging— (a) articles made from gold, silver, platinum or palladium, or (b) precious stones or pearls;

means any person listed in Annex XIII, XV, XVI, or XVII to the Council Regulation and any person subject to a direction made by the Treasury under regulation 7A of the Democratic People’s Republic of Korea (European Union Financial Sanctions) Regulations 2013;

means a vessel designated by the Committee pursuant to paragraph 12 of resolution 2321 (2016) or listed in Annex XIV to the Council Regulation;

includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;

means items listed in Annex XIi of the Council Regulation;

means assets of every kind, whether tangible or intangible, movable or immovable, actual or potential which are not funds but can be used to obtain funds, goods or services, including vessels, such as maritime vessels;

includes shipment as stores;

means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;

includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.

includes companies performing financial services commensurate with those provided by banks;

includes grants, loans, export credit insurance, insurance and reinsurance;

means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.

means items listed in Annex XIg of the Council Regulation;

means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person;

means financial assets and benefits of every kind, including (but not limited to)— (a) cash, cheques, claims on money, drafts, money orders and other payment instruments, (b) deposits with relevant institutions or other entities, balances on accounts, debts and debt obligations, (c) publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts, (d) interest, dividends or other income on or value accruing from or generated by assets, (e) credit, rights of set-off, guarantees, performance bonds or other financial commitments, (f) letters of credit, bills of lading and bills of sale, (g) documents providing evidence of an interest in funds or financial resources, or (h) any other instrument of export financing;

means items listed in Annex Ic to the Council Regulation;

includes items, materials and equipment;

means the Governor or other officer administering the Government of the Territory;

means items listed in Annex IIIb to the Council Regulation;

means seas that are not within the seaward limits of— (a) the territorial sea of the Territory, or (b) the territorial sea adjacent to a State or territory outside the Territory;

means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;

means the items listed in Part A of Annex XIl of the Council Regulation;

means an undertaking or commitment where a... person is obliged, in return for a payment, to provide another person, in the event of materialisation of a risk, with an indemnity or a benefit as determined by the undertaking or commitment;

means— (a) reception and transmission of orders in relation to one or more financial instruments, (b) execution of orders on behalf of clients, (c) dealing on own account, (d) portfolio management, (e) investment advice, (f) underwriting of financial instruments, (g) placing of financial instruments, regardless of whether on a firm commitment basis, or (h) any service in relation to the admission to trading on a regulated market or trading on a multilateral trading facility;

means luxury goods listed in Annex III to the Council Regulation;

means items listed in Annex XIh of the Council Regulation;

means the Democratic People’s Republic of Korea;

means a person that is the intended recipient of transferred funds;

means a person— (a) that holds a payment account and allows a transfer of funds from that payment account, or (b) that gives a transfer of funds order;

means a person providing transfer of funds services;

means items listed in Annex If to the Council Regulation;

means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;

means land, buildings and parts therof, which are located outside the territory of North Korea;

means items listed in Annex XId of the Council Regulation;

means the activity consisting in accepting risks ceded by an insurance undertaking or by another reinsurance undertaking or, in the case of the association of underwriters known as Lloyd’s, the activity consisting in accepting risks, ceded by any member of Lloyd’s, by an insurance or reinsurance undertaking other than the association of underwriters known as Lloyd’s;

means any of the following operating in the Territory—

means— (a) any person who may lawfully accept deposits in or from within the Territory by way of business, or (b) any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;

means United Nations Security Council resolution 2321 adopted on 30th November 2016;

means— (a) the goods, software and technology specified in Schedule 2 to the Export Control Order 2008, (b) so far as not covered by paragraph (a), the goods, software and technology specified in the Common Military List of the European Union as amended from time to time, and (c) the goods, software and technology listed in Parts I, II, III, V, VI and VII of Annex II to the Council Regulation;

includes all seafood including fish, crustaceans, molluscs, and other aquatic invertebrates in all forms, as listed in Annex XIa of the Council Regulation;

means services rendered on a fee or contract basis by units mainly engaged in the production of transportable goods, and services typically related to the production of such goods;

includes every description of vessel used in navigation;

means the provision to a ship of bunker oil or any other supply, provision or service, other than basic provisions for the crew, to facilitate a voyage by that ship;

includes loading into an aircraft;

means items listed in Annex XIk of the Council Regulation;

means items listed in Annex IIIa to the Council Regulation;

means goods for use in a ship or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a ship or aircraft as merchandise for sale by retail to persons carried in them;

means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;

means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance;

means items listed in Annex XIf of the Council Regulation;

means the Committee of the United Nations Security Council established under paragraph 12 of the United Nations Security Council resolution 1718 adopted on 14th October 2006;

means Council Regulation (EU) No 2017/1509 adopted by the Council of the European Union on 30th August 2017 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Regulation (EC) No 329/2007;

has the meaning given in article 2(5);

means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services— (a) forming companies or other legal persons, (b) acting, or arranging for another person to act— (a) as a director or secretary of a company, (b) as a partner of a partnership, or (c) in a similar capacity in relation to other legal persons, (c) providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement, (d) acting, or arranging for another person to act, as— (a) a trustee of an express trust or similar legal arrangement, or (b) a nominee shareholder for a person.

means land transport vehicle. • “wood” means items listed in Annex XIj of the Council Regulation.

means items listed in Annex XIj of the Council Regulation.