{"id":"F2017L00539","name":"Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Instrument 2017","slug":"charter-of-the-united-nations-sanctions-democratic-people-s-republic-of-korea-documents-instrument-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96316,"registerId":"commonwealth-F2017L00539-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Instrument 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\ntitle: Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Instrument 2017\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\nCharter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Instrument 2017\n\nmade under subregulation 5(3) of the\n\nCharter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2008\n\nCompilation No. 2\n\nCompilation date:   22 May 2018\n\nIncludes amendments up to: F2018L00639\n\nRegistered:    11 July 2018\n\n \n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Instrument 2017 that shows the text of the law as amended and in force on 22 May 2018 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n \n\n \n\n \n\nContents\n\n1 Name\n\n3 Authority\n\n5 Specification of documents\n\nSchedule 1—Documents\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\n1  Name\n\n  This Instrument is the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Instrument 2017.\n\n3  Authority\n\n  This Instrument is made under subregulation 5(3) of the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2008.\n\n5  Specification of documents\n\n  Each document that is mentioned in an item in Schedule 1 is specified for subparagraph 5(1)(c)(i) of the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2008.\n\nSchedule 1—Documents\n\n \n\n| Item | Document |  |\n| --- | --- | --- |\n|  |  |  |\n| 1<br> <br> <br> <br> <br> <br>2<br> <br> <br> <br> <br> <br>3<br> <br> <br> <br> <br> <br>4<br> <br> <br> <br> <br> <br>5 | S/2017/829<br> <br> <br> <br> <br> <br>S/2017/822<br> <br> <br> <br> <br> <br>S/2017/760<br> <br> <br> <br> <br> <br>S/2017/728<br> <br> <br> <br> <br> <br>S/2016/1069 | A United Nations Security Council document, covering a letter dated 2 October 2017 from the Chair of the Security Council Committee established pursuant to resolution 1718 (2006) addressed to the President of the Security Council.<br> <br>A United Nations Security Council document, covering a letter dated 29 September 2017 from the Chair of the Security Council Committee established pursuant to resolution 1718 (2006) addressed to the President of the Security Council.<br> <br>A United Nations Security Council document, covering a letter dated 5 September 2017 from the Chair of the Security Council Committee established pursuant to resolution 1718 (2006) addressed to the President of the Security Council.<br> <br>A United Nations Security Council document, covering a letter dated 22 August 2017 from the Chair of the Security Council Committee established pursuant to resolution 1718 (2006) addressed to the President of the Security Council.<br> <br>A United Nations Security Council document, covering a letter dated 16 December 2016 from the Chair of the Security Council Committee established pursuant to resolution 1718 (2006) addressed to the President of the Security Council. |\n|  |  |  |\n| 6 | INFCIRC/254/Rev.13/Part 1 | An International Atomic Energy Agency Information Circular dated 8 November 2016, covering a communication received from the Permanent Mission of the Republic of Korea to the International Atomic Energy Agency regarding Certain Member States’ Guidelines for the Export of Nuclear Material, Equipment and Technology. |\n|  |  |  |\n| 7 | INFCIRC/254/Rev.10/Part 2<br> | An International Atomic Energy Agency Information Circular dated 8 November 2016, covering a communication received from the Permanent Mission of the Republic of Korea to the International Atomic Energy Agency regarding Certain Member States’ Guidelines for Transfers of Nuclear-related Dual-use Equipment, Materials, Software and Related Technology. |\n|  |  |  |\n| 8 | S/2016/308 | A United Nations Security Council document, covering a letter dated 4 April 2016 from the Chair of the Security Council Committee established pursuant to resolution 1718 (2006) addressed to the President of the Security Council. |\n|  |  |  |\n| 9 | S/2014/253 | A United Nations Security Council document, covering a letter dated 8 April 2014 from the Chair of the Security Council Committee established pursuant to resolution 1718 (2006) addressed to the President of the Security Council. |\n|  |  |  |\n| 10 | S/2006/853/Corr. 1 | A United Nations Security Council document, covering a letter dated 1 November 2006 from the Chairman of the Security Council Committee established pursuant to resolution 1718 (2006) concerning the Democratic People’s Republic of Korea addressed to the President of the Security Council. |\n|  |  |  |\n| 11 | S/2006/853* | A United Nations Security Council document, covering a letter dated 1 November 2006 from the Chairman of the Security Council Committee established pursuant to resolution 1718 (2006) concerning the Democratic People’s Republic of Korea addressed to the President of the Security Council. |\n\n\n\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\nEndnote 2—Abbreviation key\n\n \n\n| ad = added or inserted | o = order(s) |\n| --- | --- |\n| am = amended | Ord = Ordinance |\n| amdt = amendment | orig = original |\n| c = clause(s) | par = paragraph(s)/subparagraph(s) |\n| C[x] = Compilation No. x | /sub‑subparagraph(s) |\n| Ch = Chapter(s) | pres = present |\n| def = definition(s) | prev = previous |\n| Dict = Dictionary | (prev…) = previously |\n| disallowed = disallowed by Parliament | Pt = Part(s) |\n| Div = Division(s) | r = regulation(s)/rule(s) |\n| ed = editorial change | reloc = relocated |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered |\n| effect | rep = repealed |\n| F = Federal Register of Legislation | rs = repealed and substituted |\n| gaz = gazette | s = section(s)/subsection(s) |\n| LA = Legislation Act 2003 | Sch = Schedule(s) |\n| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |\n| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |\n| effect | SR = Statutory Rules |\n| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |\n| cannot be given effect | SubPt = Subpart(s) |\n| mod = modified/modification | underlining = whole or part not |\n| No. = Number(s) | commenced or to be commenced |\n\n\n \n\nEndnote 3—Legislation history\n\n \n\n| Name | Registration | Commencement | Application, saving and transitional provisions |\n| --- | --- | --- | --- |\n| Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Instrument 2017 | 18 May 2017 (F2017L00539) | 19 May 2017 (s 2) |  |\n| Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Amendment Instrument 2017 (No. 1) | 8 Nov 2017 (F2017L01456) | 9 Nov 2017 (s 2) | — |\n| Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) (Documents) Amendment Instrument 2018 (No. 1) | 21 May 2018 (F2018L00639) | 22 May 2018 (s 2) | — |\n\n\nEndnote 4—Amendment history\n\n \n\n| Provision affected | How affected |\n| --- | --- |\n| s 2..................... | rep LA s 48D |\n| s 4..................... | rep LA s 48C |\n| Schedule 1 |  |\n| Schedule 1................ | rs F2017L01456; F2018L00639 |\n\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Instrument does not expand the sanctions regime or change substantive obligations; it updates and records which external United Nations and IAEA documents are officially \"specified\" for use under the existing Regulations (subparagraph 5(1)(c)(i)). That is a housekeeping / incorporation-by-reference exercise rather than a change of scope. Any broadening of who or what is sanctioned would require amendment of the Regulations themselves or new UNSC measures rather than this Instrument."},"complexity_factors":["Very short instrument: 3 operative sections (1, 3, 5) plus Schedule 1.","Schedule 1 lists 11 external documents (UN and IAEA) by number and date.","Single cross-reference to the parent Regulations: subregulation 5(1)(c)(i) of the Charter of the United Nations (Sanctions – DPRK) Regulations 2008.","No novel definitions or substantive prohibitions in the instrument itself—it only incorporates external documents.","Amendment history and compilation notes add administrative overhead (two amendment instruments in 2017–2018) but do not increase legal complexity of the text.","Dependence on external documents increases interpretive complexity in practice (users must consult the listed UNSC/IAEA material)."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- This Instrument names a short list of United Nations and International Atomic Energy Agency (IAEA) documents and records them as the \"specified documents\" referred to in the Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2008. (Made under subregulation 5(3); see section 5 and Schedule 1.)\n- Concretely, Schedule 1 lists 11 documentary items (UN Security Council letters and IAEA information circulars, identified by their document numbers such as S/2017/829 and INFCIRC/254/Rev.13/Part 1). By being \"specified\" for subparagraph 5(1)(c)(i) of the Regulations, those documents are formally incorporated by reference into the domestic sanctions framework for the DPRK.\n\n**Who this affects**\n\n- Businesses and individuals subject to Australia’s DPRK sanctions regime: exporters and importers, freight and logistics operators, financial institutions, insurers, and professionals (lawyers, compliance officers) who need to check whether proposed transactions are prohibited or restricted under the Regulations.\n- Government agencies and enforcement bodies (customs, border protection, law enforcement, licensing authorities) that apply and interpret the Regulations when making decisions or taking enforcement action.\n\n**Why it matters**\n\n- Specifying these documents makes them an official source for deciding what activity, goods, technology or persons fall within the sanctions regime. In practice, this affects what trades are permitted, what licences are needed, and what transactions must be blocked or reported.\n- The listed IAEA circulars describe guidelines on nuclear-related exports and transfers; the UNSC letters record committee findings and decisions. By being specified, those technical and administrative materials carry formal weight when authorities and private parties interpret the sanctions rules.\n\n**Official purpose and a practical check on that purpose**\n\n- The instrument’s stated effect is to record particular UN/IAEA documents as the authoritative documentary basis under the Regulations (Instrument, s5; Schedule 1). That is an administrative step to ensure Australian law refers to the same documents the UN or IAEA produced.\n\n- Practical implications and trade-offs:\n  - Compliance cost and monitoring: private parties must monitor these specified documents (and any future updates) to remain compliant. That creates an ongoing compliance cost for businesses dealing with potentially sensitive goods or jurisdictions.\n  - Legal certainty and evidence: making the documents specified reduces ambiguity about which external materials count when enforcement or licensing decisions are made—this centralises the reference point for officials and courts.\n  - Dependence on external sources: the domestic regime’s content will follow decisions or technical definitions issued by the UNSC Committee and IAEA documents. Rapid international developments may require frequent amendments to the Schedule; businesses and agencies must track those changes.\n  - Limited policy change: the Instrument does not itself create or change sanctions obligations (those come from the Regulations and UNSC resolutions). It only identifies which external documents are to be used when applying the existing regime.\n\n**Concrete mechanics (who pays, who decides, what behaviour changes)**\n\n- Who decides: the Minister (or delegated official) made this Instrument under the power in the Regulations. Enforcement and licensing decisions still sit with the authorities named in the Regulations.\n- Who pays: businesses and individuals who trade in controlled items or have financial dealings with DPRK-related persons bear the compliance and monitoring costs. Government agencies absorb administrative costs of updating guidance and enforcement.\n- Behaviour change required: affected parties must check the specified documents when assessing whether a transaction is allowed, requires a licence, or must be reported/blocked.\n\n**Where to look in the Instrument**\n\n- Legal basis: section 3 (Authority) refers to subregulation 5(3) of the Regulations.\n- Specification operation: section 5 and Schedule 1 list and identify the documents that are specified for subparagraph 5(1)(c)(i) of the Regulations.\n\n(Instrument, ss3–5; Schedule 1.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow purpose: specifying external documents for incorporation into the North Korea sanctions regulations. It has not expanded beyond this technical, documentary function."},"complexity_factors":["Very short instrument (only 5 substantive sections/clauses plus a schedule)","No defined terms requiring interpretation","Simple structure: name, authority, specification clause, then a table of documents","No conditional logic, exceptions, or cross-referencing beyond the basic incorporation by reference","Straightforward tabular format in Schedule 1 listing only 11 items","No nested provisions or complex temporal arrangements"],"plain_english_summary":"This instrument incorporates by reference eleven UN and IAEA documents into Australia’s Charter of the United Nations (Sanctions – DPRK) Regulations 2008, making those external letters and export-control guidelines legally part of Australia’s North Korea sanctions regime. It matters to officials, customs and businesses dealing with trade or finance subject to DPRK sanctions, and anyone checking which specific UN materials Australia treats as binding."}},"importantCases":[],"_links":{"self":"/api/acts/charter-of-the-united-nations-sanctions-democratic-people-s-republic-of-korea-documents-instrument-2","history":"/api/acts/charter-of-the-united-nations-sanctions-democratic-people-s-republic-of-korea-documents-instrument-2/history","analysis":"/api/acts/charter-of-the-united-nations-sanctions-democratic-people-s-republic-of-korea-documents-instrument-2/analysis","conflicts":"/api/acts/charter-of-the-united-nations-sanctions-democratic-people-s-republic-of-korea-documents-instrument-2/conflicts","importantCases":"/api/acts/charter-of-the-united-nations-sanctions-democratic-people-s-republic-of-korea-documents-instrument-2/important-cases","documents":"/api/acts/charter-of-the-united-nations-sanctions-democratic-people-s-republic-of-korea-documents-instrument-2/documents"}}